RA 9266
RA 9266 IRR
HB 10234
AN ACT PROVIDING FOR A MORE RESPONSIVE AND COMPREHENSIVE
REGULATION FOR THE REGISTRATION, LICENSING AND PRACTICE OF
ARCHITECTURE, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 545, AS
AMENDED, OTHERWISE KNOWN AS "AN ACT TO REGULATE THE PRACTICE
OF ARCHITECTURE IN THE PHILIPPINES," AND FOR OTHER PURPOSES.
THE IMPLEMENTING RULES AND REGULATIONS (IRR) OF REPUBLIC ACT NO.
9266, AN ACT PROVIDING FOR A MORE RESPONSIVE AND COMPREHENSIVE
REGULATION FOR THE REGISTRATION, LICENSING AND PRACTICE OF
ARCHITECTURE, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 545, AS
AMENDED, OTHERWISE KNOWN AS “AN ACT TO REGULATE THE PRACTICE
OF ARCHITECTURE IN THE PHILIPPINES,” AND FOR OTHER PURPOSES.
AN ACT ELEVATING THE REGULATION AND PRACTICE OF ARCHITECTURE IN
THE PHILIPPINES, REPEALING REPUBLIC ACT NO. 9266,
AND APPROPRIATING FUNDS THEREFORE AND FOR OTHER PURPOSES.
ARTICLE 1 GENERAL PROVISIONS
RULE 1 TITLE, POLICY STATEMENT, DEFINITION OF
TERMS, AND SCOPE OF PRACTICE
ARTICLE 1 GENERAL PROVISIONS
SECTION 1. Short Title.
SECTION 1: Title.
SECTION 1. Short Title.
This Act shall be known as "The Architecture Act of 2004."
This Act shall be known as “The Philippine Architecture Act of 2022."
SECTION 2. Statement of Policy.
This Rules and Regulations shall be known as “THE RULES AND
REGULATIONS IMPLEMENTING THE PROVISIONS OF REPUBLIC ACT NO.
9266”, otherwise known as “THE ARCHITECTURE ACT OF 2004”. For brevity,
it may be cited as “IRR of the Architecture Act of 2004”.
SECTION 2. Statement of Policy.
The State recognizes the importance of architects in nation building and
development. Hence, it shall develop and nurture competent, virtuous,
productive and well-rounded professional architects whose standards of
practice and service shall be excellent, qualitative, world-class and globally
competitive through inviolable, honest, effective and credible licensure
examinations and through regulatory measures, programs and activities that
foster their professional growth and development.
The State recognizes the importance of architects in nation building and
development. Hence, it shall develop and nurture competent, virtuous,
productive and well-rounded professional architects whose standards of
practice and service shall be excellent, qualitative, world-class and globally
competitive through inviolable, honest, effective and credible licensure
examinations and through regulatory measures, programs and activities
that foster their professional growth and development.
The State recognizes the importance of architecture in nation-building and
development. Hence, the State shall ensure that every practicing
professional architect meets the minimum requirements to safeguard life,
health, and property; foster their continuing professional growth and
advancement; and continually review and improve the standards of
regulation, professional service, and practice for Filipino architects to be
socially and environmentally responsible and globally competitive.
SECTION 3. Definition of Terms.
This “IRR of the Architecture Act of 2004” shall be interpreted, construed,
and carried out in the light of the Statement of Policy found in Section 2 of
Republic Act No. 9266, as stated above.
SECTION 3. Definition of Terms.
SECTION 3. Definition of Terms.
As used in this “IRR of the Architecture Act of 2004”, in R.A. No. 9266 or
other laws, the following terms shall be defined as follows:
As used in this Act, unless the context otherwise requires, the following
terms shall be defined as follows:
(1) “Architecture” is the art, science or profession of planning, designing
and constructing buildings in their totality taking into account their
environment, in accordance with the principles of utility, strength and
beauty;
a.
"Architecture" is the art and science or profession of planning,
designing, and realizing buildings and structures, taking into account their
environment and following the principles of utility, strength, and beauty;
As used in this Act, the following terms shall be defined as follows:
(1) "Architecture" is the art, science or profession of planning, designing and
constructing buildings in their totality taking into account their environment,
in accordance with the principles of utility, strength and beauty;
(2) "Architect" means a person professionally and academically qualified,
registered and licensed under this Act with a Certificate of Registration and
Professional Identification Card issued by the Professional Regulatory Board
of Architecture and the Professional Regulation Commission, and who is
responsible for advocating the fair and sustainable development, welfare
and cultural expression of society's habitat in terms of space, forms and
historical context;
(a) "Architect-of-record" means the architect registered and licensed
under this Act, who is directly and professionally responsible for the
total design of the project for the client and who shall assume the
civil liability for the plans, specifications and contract documents
he/she has signed and sealed;
(2) “Architect” means a person professionally and academically qualified,
registered and licensed under R.A. No. 9266 with a Certificate of
Registration and Professional Identification Card issued by the Professional
Regulatory Board of Architecture and the Professional Regulation
Commission, and who is responsible for advocating the fair and sustainable
development, welfare and cultural expression of society’s habitat in terms
of space, forms and historical context;
(a) “Architect-of-record” means the architect registered and
licensed under R.A. No. 9266, who is directly and professionally
responsible for the total design of the project for the client and
SECTION 2. Statement of Policy.
b.
"Professional Architect," “Registered Architect,” and “Licensed
Architect” means a natural person qualified by education, experience,
examination, and applied skills, who holds a valid Certificate of Registration
issued by the Professional Regulatory Board of Architecture and the
Professional Regulation Commission under this Act;
c.
“Licensed Architect” also means a registered architect in possession
of a valid practicing license or Professional Identification Card issued by the
Professional Regulatory Board of Architecture and the Professional
Regulation Commission;
d.
"Architect-of-record" means the architect registered and licensed
(b) "Architecture-in-charge of construction" means an architect
registered and licensed under this Act, who is directly and
professionally responsible and liable for the construction supervision
of the project;
(c) "Consulting Architect" means the architect registered and
licensed or permitted to practice under this Act, who is
professionally and academically qualified and with exceptional or
recognized expertise or specialization in any branch of architecture;
(3) "General Practice of Architecture" means the act of planning and
architectural designing, structural conceptualization, specifying, supervising
and giving general administration and responsible direction to the erection,
enlargement or alterations of buildings and building environments and
architectural design in engineering structures or any part thereof; the
scientific, aesthetic and orderly coordination of all the processes which enter
into the production of a complete building or structure performed through
the medium of unbiased preliminary studies of plans, consultations,
specifications, conferences, evaluations, investigations, contract documents
and oral advice and directions regardless of whether the persons engaged in
such practice are residents of the Philippines or have their principal office or
place of business in this country or another territory, and regardless of
whether such persons are performing one or all these duties, or whether
such duties are performed in person or as the directing head of an office or
organization performing them;
(4) "Scope of the Practice of Architecture" encompasses the provision of
professional services in connection with site, physical and planning and the
design, construction, enlargement, conservation, renovation, remodeling,
restoration or alteration of a building or group of buildings. Services may
include, but are not limited to:
(a) planning, architectural designing and structural
conceptualization;
(b) consultation, consultancy, giving oral or written advice and
directions, conferences, evaluations, investigations, quality surveys,
appraisals and adjustments, architectural and operational planning,
site analysis and other pre-design services;
(c) schematic design, design development, contract documents and
construction phases including professional consultancies;
(d) preparation of preliminary, technical, economic and financial
feasibility studies of plans, models and project promotional services;
(e) preparation of architectural plans, specifications, bill of materials,
cost estimates, general conditions and bidding documents;
(f) construction and project management, giving general
who shall assume the civil liability for the plans, specifications and
contract documents he/she has signed and sealed;
(b) “Architect-in-charge of construction” means an architect
registered and licensed under R.A. No. 9266, who is directly and
professionally responsible and liable for the construction
supervision of the project;
(c) “Consulting Architect” means the architect registered and
licensed or permitted to practice under R.A. No. 9266, who is
professionally and academically qualified and with exceptional or
recognized expertise or specialization in any branch of architecture;
(3) “General Practice of Architecture” the act of planning and architectural
designing, structural conceptualization, specifying, supervising and giving
general administration and responsible direction to the erection,
enlargement or alterations of buildings and building environments and
architectural design in engineering structures or any part thereof; the
scientific, aesthetic and orderly coordination of all the processes which
enter into the production of a complete building or structure performed
through the medium of unbiased preliminary studies of plans,
consultations, specifications, conferences, evaluations, investigations,
contract documents and oral advice and directions regardless of whether
the persons engaged in such practice are residents of the Philippines or
have their principal office or place of business in this country or another
territory, and regardless of whether such persons are performing one or all
these duties, or whether such duties are performed in person or as the
directing head of an office or organization performing them;
(4) “Scope of the Practice of Architecture” encompasses the provision of
professional services in connection with site, physical and planning and the
design, construction, enlargement, conservation, renovation, remodeling,
restoration or alteration of a building or group of buildings. Services may
include, but are not limited to:
(a) planning, architectural designing and structural
conceptualization;
under this Act, who is directly responsible for the design of the project and
who shall assume the professional responsibility and civil liability for the
architectural documents he or she has signed and sealed;
e.
"Architect-in-charge of construction" means an architect registered
and licensed under this Act, who is directly responsible and liable for the
construction supervision of the project;
f.
"Consulting Architect" means the specialist architect registered and
permitted to practice under this Act. He or she assumes no civil liability
under Article 1723 of the Civil Code unless he or she contravenes the legal
and professional functions of the Architect-of-Record; the Consulting
Architect shall assume the civil liability under the service agreement he or
she signs with a Client;
g.
“Architectural documents” means legal or contract documents that
only registered and licensed architects can sign and seal, consisting, among
others, of site development plans; space and architectural programs; space
planning survey reports; space and stacking plans; architectural design
briefs; architectural drawings such as floor plans, partition plans, reflected
ceiling plans, roof plans, finish plans, wayfinding and signage plans, code
plans, coordination plans, perspectives, elevations, sections, and detail
drawings; furniture, furnishings, equipment, and other schedules,
perspectives, architectural technical specifications; architectural cost
estimates; and other instruments of service in any form;
h.
“Interior Design Documents” means legal or contract documents
that only registered and licensed interior designers or architects can sign
and seal, consisting,
among others, of
schematics,
design
development, construction drawings, and specifications. Drawings
may consist of floor plans, partition plans, reflected ceiling plans, and finish
plans; wayfinding and signage plans; code plans; coordination plans;
perspectives, elevations, sections, and detail drawings; furniture,
furnishings, equipment, and other schedules; and details illustrating the
design of non-load-bearing interior construction or alterations;
i.
“Architectural Firm” means a sole proprietorship, partnership,
corporation, or one-person-corporation registered with the proper
government agencies;
(b) consultation, consultancy, giving oral or written advice and
directions, conferences, evaluations, investigations, quality surveys,
appraisals and adjustments, architectural and operational planning, j.
“Registered Architectural Firm” means a juridical person duly
site analysis and other pre-design services;
registered with the Board, the Commission, and the Securities and Exchange
Commission, engaged in providing architectural services on Philippine soil;
(c) schematic design, design development, contract documents and
construction phases including professional consultancies;
k.
"Registered Foreign Architect" means an architect who is not a
Filipino citizen, is duly registered and licensed in his or her home country
(d) preparation of preliminary, technical, economic and financial
and is duly registered by the Board for the lawful practice of architecture on
feasibility studies of plans, models and project promotional
Philippine soil;
services;
l.
“Architectural Interior” or “Interior Architecture” means the
(e) preparation of architectural plans, specifications, bill of
conceptualization, design, and realization of the indoor or enclosed areas of
management, administration, supervision, coordination and
responsible direction or the planning, architectural designing,
construction, reconstruction, erection, enlargement or demolition,
renovation, repair, orderly removal, remodeling, alteration,
preservation or restoration of buildings or structures or complex
buildings, including all their components, sites and environs,
intended for private or public use;
(g) the planning, architectural lay-outing and utilization of spaces
within and surrounding such buildings or structures, housing design
and community architecture, architectural interiors and space
planning, architectural detailing, architectural lighting, acoustics,
architectural lay-outing of mechanical, electrical, electronic, sanitary,
plumbing, communications and other utility systems, equipment and
fixtures;
(h) building programming, building administration, construction
arbitration and architectural conservation and restoration;
(i) all works which relate to the scientific, aesthetic and orderly
coordination of all works and branches of the work, systems and
process necessary for the production of a complete building or
structure, whether for public or private use, in order to enhance and
safeguard life, health and property and the promotion and
enrichment of the quality of life, the architectural design of
engineering structures or any part thereof; and
(j) all other works, projects and activities which require the
professional competence of an architect, including teaching of
architectural subjects and architectural computer-aided design;
(5) "Structural Conceptualization" means the act of conceiving, choosing and
developing the type, disposition, arrangement and proportioning of the
structural elements of an architectural work giving due consideration to
safety, cost-effectiveness, functionality and aesthetics;
(6) "Architectural Firm" means a sole proprietorship, a partnership or a
corporation registered with the proper government agencies;
(7) "Authorship" refers to the author or authors of a set of architectural
plans or specifications who are in charge of their preparation, whether made
by them personally or under their immediate supervision;
materials, cost estimates, general conditions and bidding
documents;
(f) construction and project management, giving general
management, administration, supervision, coordination and
responsible direction or the planning, architectural designing,
construction, reconstruction, erection, enlargement or demolition,
renovation, repair, orderly removal, remodeling, alteration,
preservation or restoration of buildings or structures or complex
buildings, including all their components, sites and environs,
intended for private or public use;
(g) the planning, architectural lay-outing and utilization of spaces
within and surrounding such buildings or structures, housing design
and community architecture, architectural interiors and space
planning, architectural detailing, architectural lighting, acoustics,
architectural lay-outing of mechanical, electrical, electronic,
sanitary, plumbing, communications and other utility systems,
equipment and fixtures;
(h) building programming, building administration, construction
arbitration and architectural conservation and restoration;
(i) all works which relate to the scientific, aesthetic and orderly
coordination of all works and branches of the work, systems and
processes necessary for the production of a complete building or
structure, whether for public or private use, in order to enhance or
safeguard life, health and property and the promotion and
enrichment of the quality of life, the architectural design of
engineering structures or any part thereof; and
(j) all other works, projects and activities which require the
professional competence of an architect, including teaching of
architectural subjects and architectural computer-aided design;
(5) “Structural Conceptualization” means the act of conceiving, choosing
and developing the type, disposition, arrangement and proportioning of
the structural elements of an architectural work giving due consideration to
safety, cost-effectiveness, functionality and aesthetics;
(6) “Architectural Firm” means a sole proprietorship, a partnership or a
corporation registered with the DTI AND/OR SEC and then with the Board
of Architecture and PRC;
(8) "Board" refers to the Professional Regulatory Board of Architecture;
(9) "Commission" means the Professional Regulation Commission;
(10) "Service Agreement" means a duly notarized written contract or
equivalent public instrument stipulating the scope of services and
guaranteeing compensation of such services to be rendered by an architect
registered and licensed under this Act;
(7) “Authorship” refers to the author or authors of a set of architectural
plans or specifications who are in charge of their preparation whether
made by them personally or under their immediate supervision;
(8) “Board” refers to the Professional Regulatory Board of Architecture;
(9) “Commission” means the Professional Regulation Commission;
any building or structure, including those for retrofit or renovation work,
which covers material, ventilation, ergonomics, all architectural and utility
aspects, including the architectural lay-outing of all building engineering
systems found therein, amongst other things; in short, interior architecture
is the design of an interior in architectural terms;
m.
“Interior Design,” on the other hand, means the art and science of
creating a functional and aesthetic interior environment that corresponds to
the architecture of a space and supports the purpose and character
intended for the interior spaces. It encompasses the analysis, planning,
design, documentation, and management of non-structural, codecompliant, accessible, and inclusive interior environments to address the
physical, mental, and emotional well-being of people;
n.
“Architectural Plans” means two-dimensional representations of an
enclosed, semi-enclosed, or open area showing elements such as columns,
beams, walls, partitions, floors, ceilings, doors, windows, stairs, roof, room
designations, door and window callouts and schedules, the architectural
layout of equipment, furnishings, furniture, specifications callouts, elevation
references, drawing references and the like; the term shall also collectively
refer to cross or longitudinal sections, elevations, site plans, roof plans,
excavation plans, reflected ceiling plans, detail drawings, finishing
schedules, working schedules, and the like;
o.
“Architecture Practice” or “Practice of Architecture” means offering,
providing, or being in responsible charge of professional services which
require the application of the art and science of designing for the
construction, enlargement, or alteration, in whole or in part, of a structure
or group of structures, including the planning of their sites, their
components and appurtenances and the spaces around them, wherein the
safeguarding of life, health, property, and public welfare is concerned.
The practice of architecture does not include the practice of engineering,
although an architect may perform engineering work that is purely
incidental to the practice of architecture.
The practice of architecture includes interior architecture and, in the
absence of an interior designer, the practice of interior design.
Nothing contained in this Act shall be construed to prohibit a student,
draftsman, designer, or employee from engaging in the practice of
architecture provided that the practice is performed under the responsible
charge, as defined in this Section, of a registered and licensed architect who
shall assume the professional responsibility and civil liability for the
architectural documents he or she has signed and sealed;
p.
“Architecture Scope of Practice” or “Scope of the Practice of
Architecture” encompasses the provision of professional services that
include but are not limited to:
1.
Consultation, advice, investigation, evaluation, quality
(11) "Integrated and Accredited Professional Organization" means the
existing official national organization of all architects of the Philippines in
which all registered Filipino architects shall be members without prejudice to
membership in other voluntary professional associations;
(10) “Service Agreement” means a duly notarized written contract or
equivalent public instrument stipulating the scope of services and
guaranteeing compensation of such services to be rendered by an architect
registered and licensed under R.A. No. 9266;
(12) "Continuing Professional Development" refers to a sustaining and
progressive learning process that maintains, enhances, or increases the
knowledge and continuing ability of architects;
Violation of the Service Agreement is a basis for a civil liability under Art.
1723 of the Civil Code unless he/she attempts and/or succeeds to interfere
or contravene the legal and professional functions of the Architect-ofRecord: the Consulting Architect.
surveys, appraisals and adjustments, architectural and operational
planning, site analysis, and other pre-design services;
2.
Preparation of preliminary, technical, economic, and
financial feasibility studies of plans, models, and project
promotional services;
3.
Planning, preliminary design studies, schematic design,
design development, structural conceptualization;
(13) "DTI" shall mean the Department of Trade and Industry; and
(14) "SEC" shall mean the Securities of Exchange Commission.
4.
Preparation of architectural drawings, working drawings,
and specifications, bill of materials, cost estimates, general
conditions, and bidding documents;
(11) “Integrated and Accredited Professional Organization” means the
existing official national organization of all architects of the Philippines in
which all registered Filipino architects shall be members without prejudice
to membership in other voluntary professional associations;
5.
(12) “Continuing Professional Development” refers to a sustaining and
progressive learning process that maintains, enhances, or increases the
knowledge and continuing ability of architects;
6.
Compliance with applicable development controls, codes
and regulations, and assistance in the governmental review process;
7.
Construction and project management, administration,
supervision, coordination, and direction;
(13) “DTI” shall mean the Department of Trade and Industry;
(14) “SEC” shall mean the Securities and Exchange Commission;
8.
The planning and architectural lay-outing of building sites,
the spaces within and surrounding such buildings or structures,
housing design and community architecture, architectural interiors
and space planning, architectural detailing, architectural lighting,
acoustics, architectural lay-outing of mechanical, electrical,
electronic, sanitary, plumbing, communications and other utility
systems, equipment and fixtures;
(15) “Association” any formal grouping of two or more architects or
architectural firms working in joint venture on a project basis.
(16) “Architectural Company” means a juridical entity that shall be
synonymous with an Architectural Partnership (see definition of
Architectural Partnership) registered with the SEC.
9.
Building programming, building administration, construction
arbitration, and architectural conservation and restoration;
(17) “Architecture Corporation” means a group of professionals in
architecture and allied professions, incorporated with Architects for the
purpose of delivering professional service in architecture and allied
professions; in case an existing Architectural Corporation does not comply
with the 75% composition requirement, it shall comply and register again
with the SEC and the BOA.
10.
All works which relate to the scientific, aesthetic, and
orderly coordination of all works and branches of the work,
systems, and processes necessary for the realization of the project,
whether for public or private use, in order to enhance and
safeguard life, health, and property and the promotion and
enrichment of the quality of life, the architectural design of
engineering structures or any part thereof; and
(18) “Architectural Documents” means an architectural drawings,
specifications, and other outputs of an Architect that only an Architect can
sign and seal consisting, among others, of vicinity maps, site development
plans, architectural program, perspective drawings, architectural floor
plans, elevations, sections, ceiling plans, schedules, detailed drawings,
technical specifications and cost estimates, and other instruments of
service in any form.
(19) “Architectural Interiors” means a detailed planning and design of the
indoor/enclosed areas of any proposed building/structure, including
retrofit or renovation work and which shall cover all architectural and
utility aspects, including the architectural lay-outing of all building
engineering systems found therein.
Contract administration;
11.
All other works, projects, and activities that require the
professional competence of an architect, including the teaching of
architectural subjects and architectural computer-aided design;
q.
“Architectural Association" means an association or organization of
professional architects registered with the Securities and Exchange
Commission that fulfils the requirements to be a member of the IAPOA to
be created by this Act;
r.
"Authorship" refers to the author or authors of a set of architectural
(20) “Architectural Partnership” means a group of two or more Architects
duly registered with the SEC and then with the Board of Architecture.
(21) “Architectural Plans” means a two (2)-dimensional representations
reflecting a proposed development/redevelopment of an enclosed/ semienclosed or open area showing features or elements such as columns,
walls, partitions, ceiling, stairs, doors, windows, floors, roof, room
designations, door and window call-outs, the architectural layout of
equipment, furnishings, furniture and the like, specifications callouts,
elevation references, drawing references and the like; the architectural
plan is the representation of a lateral section for a proposed building/
structure (running parallel to the ground) and at a height of from 1.0 – 1.5
meters above the finished floor; the term may also collectively refer to
other architectural designs such as cross/ longitudinal sections, elevations,
roof plan, reflected ceiling plan; detailed sections and elevations showing
architectural interiors, detailed architectural designs, door and window
schedules, other architectural finishing schedules and the like.
(22) “Building” means a structure for the purpose and function of
habitation and other uses.
(23) “Certificate of Registration” means a certificate bearing a registration
number, issued to an individual, by the Professional Regulation Commission
through the Board of Architecture, signifying that the individual has
successfully passed the Licensure Examination and is registered to practice
his/her profession as Architect.
(24) “Code of Ethical Conduct” means a document which forms part of the
Architects’ National Code which contains the norms and principles
governing the practice of the profession of architecture in the highest
standards of ethical conduct.
(25) “Consulting Architect” a registered and licensed Architect, who is
academically and professionally qualified, and with exceptional or
recognized expertise or specialization in any branch of architecture; the
Consulting Architect assumes no civil liability under Art. 1723 of the Civil
Code unless he/she attempts and/or succeeds to interfere or contravene
the legal and professional functions of the Architect-of-Record; the
Consulting Architect assumes the normal civil liability under the service
agreement he/she signs with a Client.
(26) “Contract Documents” are the documents attached to the agreement
identified therein as Contract Documents, including all additions, deletions
and modifications incorporated therein. These generally include the
following documents:
a) Special Provisions or conditions
b) General Conditions
documents whether made by them personally or under their immediate
supervision;
s.
“Copyright” and “Copyright Ownership” shall refer to the
intellectual proprietary rights retained by an architect over original works of
authorship unless there is written stipulation to the contrary; "Copyright
ownership" of a work of architecture shall include the right to control the
erection of a building that reproduces the whole or a substantial part of the
work either in its original form or in a form recognizably derived from the
original; however, the copyright in any such work shall not include the right
to control the reconstruction or rehabilitation of a building in the same style
as the original to which the copyright relates;
t.
“Ownership” means the proprietary rights of a natural or juridical
person who commissions an architect to provide architectural services,
where
ownership is confined to the use of the architectural documents only for the
execution of the original project and not for the use, in whole or in part, in
subsequent projects;
u.
“Board” refers to the Professional Regulatory Board of Architecture;
v.
"Building" means a structure for habitation and other uses, for
which the architect shall prepare the architectural documents, which may
include “structural conceptualization,” and for which the civil engineer shall
prepare the pertinent structural design and the civil works design for the
grounds or site, and for which the civil engineer may be jointly involved in
activities relating to the building and grounds document review and
permitting processes, construction, supervision, management,
administration, operation and management, and reconstruction;
w.
“Certificate of Registration” means a document vesting the privilege
on natural and juridical persons to lawfully engage in the state-regulated
practice of architecture on Philippine soil;
x.
“License” means the permission granted by the Commission under
this Act to an architect to lawfully supply architectural services in the
Philippines;
y.
“License” also refers to an official document attesting to such
permission, which, under this Act, is the Professional Identification Card or
practicing license;
z.
“Professional Identification Card” or “PIC” means the official
document or practicing license attesting to the permission granted by the
Professional Regulation Commission to persons registered under this Act for
them to lawfully supply architectural services in the Philippines. The PIC
expires after seven (7) years and must be renewed to verify that the bearer
c) Drawings
d) Specifications
e) Other Bid Documents
(27) “Copyright (or Copyright Ownership)” shall refer to the intellectual
proprietary rights retained by an Architect over any architectural
documents/ work that he/she prepares unless there is a written stipulation
to the contrary, 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; however, 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 the
copyright relates.
(28) “CPD Providers” means an entities, agencies, organizations and the like
that have been accredited/registered with the Board of Architecture of the
Professional Regulation Commission to deliver seminars, lectures, and
other continuing professional education modules for architects, other than
the Integrated Accredited Professional Organization of Architects which is
automatically accredited by the Board of Architecture as a CPD Provider.
(29) “Diversified Architectural Experience” a post-baccalaureate, prelicensure experience of two (2) years required of a graduate of architecture
prior to taking the licensure examination; consisting of a variation of
experiences in the different phases of architectural service.
(30) “Foreign Architect” means an architect who is not a Filipino citizen nor
an Architect registered and licensed in the Philippines, but who is duly
registered and licensed in his/her home country as an Architect.
(31) “Filipino Counterpart” the local Philippine architect, partnership or
corporation that must work in association with a foreign architect,
partnership or corporation, on a project on Philippine soil.
(32) “Ownership” shall refer to proprietary rights to an architectural work
such as plans, designs and other documents by a person/ juridical entity
who commissions the Architect and whose ownership of an architectural
work by such a person/ juridical entity shall only be confined to the use of
the architectural documents for executing /implementing the work
described therein for one (1) or the original project; ownership shall not
apply to the use of a part of or of the entire architectural
work/architectural documents to repetitions or to subsequent projects.
has complied with this Act, has participated in continuing skill and
knowledge development as is expected of professionals, and is fit to
practice;
aa.“Inactive” means a registered professional who has not renewed his or
her Professional Identification Card or practicing license before its expiry
date and shall therefore be prohibited from engaging in the practice of the
profession until the PIC or practicing license is renewed;
bb.“Commission” means the Professional Regulation Commission or PRC, a
body created by R.A. No. 8981, the PRC Modernization Act of 2000, to
maintain a high standard of admission to the practice of all state- regulated
professions, which shall remain attached to the Office of the President and
shall not be relegated to any line agency.
cc.“Competitive” or “Competitiveness” means the ability of a professional,
business, or industry to deliver better value to customers than competitors.
dd.“Continuing Professional Development” or “CPD” means the learning
activities prescribed and recognized by the Professional Regulatory Board of
Architecture for professional architects to engage in to develop and
enhance their abilities;
ee.“Continuing Professional Development Council” or “CPD Council” means
the bodies created Republic Act No. 10912 to promote and ensure the
continuous improvement of professionals per national, regional, and
international standards of practice, under the supervision of the
Professional Regulatory Board concerned;
ff. “Development Controls” are a body of applicable international
agreements, conventions, and standards, as well as Philippine laws and
related executive issuances at the national and local levels, crafted with or
without legislative oversight, intended to limit the level of physical
development on both private property and on the permitted portions of the
public domain encompassing the air, surfaces, and sub-surfaces above land
and water. Such development controls and their implementing mechanisms
are issued in executive orders, administrative orders, department
administrative orders, memorandum circulars, zoning ordinances and
special ordinances. In the event that that they contradict each other, the
most stringent control prevails, that is, the standard that permits the least
development, construction or negative intervention on both the natural and
built environments;
gg.“Diversified Experience” shall refer to the training program with
increasing levels of responsibility supervised by registered and licensed
architects that students or graduates of Architecture shall undertake as one
(33) “Planning” refers to physical planning at site, community or urban level of the qualifications for the licensure examination. “Diversified Architectural
by an Architect.
Experience” shall consist of three thousand nine hundred (3,900) hours of
training or mentorship or its equivalent;
(34) “Physical Planner” refers to an Architect who specializes in the detailed
physical planning of land or property on which vertical structures such as
hh."Gross negligence" means conduct that demonstrates a reckless
buildings and/or structures and horizontal developments such as rights-ofway, open spaces and recreational/ sports/ entertainment/ tourism and
related facilities are to be proposed.
(35) “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.
(36) “Professional” refers to a person whose name and
registration/professional license number is entered in the Professional
Regulation Commission registry book and computerized database as one
legally authorized to practice his profession.
(37) “Professional Identification Card” a document bearing the registration
number, date of issuance with an expiry date, due for periodic renewal,
duly signed by the Chairperson of the PRC to a registered Architect upon
payment of the annual registration fees for three (3) years.
(38) “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/structures are to be erected.
(39) “Standards of Professional Practice” means a document embodied in
the Architects National Code, which defines all aspects of professional
service, prescribes minimum basic fees and establishes the rights and
obligations of both the Architect and the client.
(40) “Sole Proprietorship” means an individual Architect practicing and
delivering architectural services, duly registered with the DTI, BOA and the
PRC.
(41) “Specialization” an expertise and special knowledge in the field of
architecture acquired by an Architect through formal education and
training or through continuing professional development and experience,
for which the Architect may be engaged as Consulting Architect.
(42) “Syllabi” the outlines embodying topics and concepts of major subjects
prescribed in specific course of study to serve as basis for test questions in
the licensure examinations.
(43) “Technology Transfer” refers to contracts or arrangements involving
the transfer of systematic knowledge for the manufacture of a product, the
application of a process, or rendering of a service including management
contracts; and the transfer, assignment or licensing of all forms of
intellectual property rights.
(44) “Urban Design” physical and systemic design undertaken by an
Architect on a community and urban plane, more comprehensive than, and
disregard of the consequences affecting the life or property of another
person;
ii. “Incompetence” means conduct which, in the practice of a profession,
demonstrates a significant lack of ability, knowledge, or fitness to discharge
a professional obligation;
jj. “Negligence” means a deviation from the required standard of
professional care resulting in negative consequences;
kk. “Integrated Accredited Professional Organization for Architects” or
“IAPOA” means a national umbrella organization duly registered with the
Securities and Exchange Commission and accredited by the Board and
Commission, which shall be comprised of associations or organizations of
professional architects separately registered with the Securities and
Exchange Commission;
ll. "Official Gazette" refers to the public journal and primary publication of
the Government of the Philippines and its website;
mm. “Professional Responsibility” means directly or indirectly teaching,
advising, supervising, mentoring, evaluating, coaching or doing research
with a student, subordinate, or creative;
nn.“Register” means the official roster of registered professionals kept,
updated, and published annually by the respective Professional Regulatory
Boards;
oo.“Register of Architects” means the official roster of registered
professional architects kept, updated, and published annually by the Board;
pp.“Register of Architecture Firms” means the official roster of registered
architecture firms kept, updated, and published annually by the Board;
qq.“Register of Foreign Architects” means the official roster of registered
professional foreign architects as natural persons kept, updated, and
published annually by the Board;
rr. “Register of Practicing Architects” means the official roster of registered
architects with a valid Professional Identification Card or practicing license
kept, updated, and published annually by the Board;
ss. “Responsible Charge” means the control over and detailed knowledge
of the content of a technical submission during its preparation that is
ordinarily exercised by a registered architect when applying the required
standard of professional care;
tt. “Service Agreement” means a duly notarized written contract or
equivalent public instrument stipulating the scope of services and
guaranteeing compensation of such services to be rendered by a
professional duly registered and licensed under this Act;
an extension of the architecture of buildings, spaces between buildings,
entourage, utilities and movement systems.
(45) Acronyms and Laws:
uu.“Site Planning” means the detailed site development planning of areas
surrounding a building or structure or group of structures, but only within
the property limits of the land on which such buildings or structures are to
be erected;
(A) ARCHITECTURE ACT OF 2004 – R.A. No. 9266
(B) BOA – Board of Architecture
(C) CHED – Commission on Higher Education
vv. “Structure” means a constructed arrangement of different interrelated
parts and systems with a fixed location on the ground that is designed to
bear loads, which may not necessarily be intended for human habitation or
occupancy; the term may also refer to the integrated support system of a
building referring to its foundation, superstructure and roof support;
(D) CIAC – Construction Industry Arbitration Commission
(E) CPD – Continuing Professional Development
(F) DOLE – Department of Labor and Employment
(G) DTI – Department of Trade and Industry
(h) IAPOA – Integrated Accredited Professional Organization of
Architects (the same as United Architects of the Philippines, Inc.)
(i) Intellectual Property Code of the Philippines – R.A. No. 8293
(j) PCAB – Philippine Contractors Accreditation Board
(k) PDCB – Philippine Domestic Construction Board
(l) PRB – Professional Regulatory Board (the same as BOA for the
profession of architecture)
ww."Structural Conceptualization" means the conception, design, and
development of the type, disposition, arrangement, and proportioning of
the structural elements of architectural work, giving due consideration to
safety, cost-effectiveness, functionality, and aesthetics;
xx.“Structural Design” means the specialized area of civil engineering that
determines safe and economical specifications for a structure to ensure that
it will be sufficiently strong to carry its intended load and withstand the
internal and external forces acting on it;
yy. “Structural Elements” means those elements of a structure or building
that resist forces and moments, and includes foundations, columns,
beams, shear cores, structural walls, struts, ground anchors, slabs, trusses,
staircases, load-bearing walls and all other elements designed to resist
forces and moments, but does not include doors, windows, and non- load
bearing walls or partitions;
zz. “Structural Work” means any external or internal load-bearing part of a
building that is essential to the stability of the building or any part of it;
(m) PRC – Professional Regulation Commission
(n) PRC Modernization Act of 2000 – R.A. No. 8981
aaa. “Treaties” and “Agreements" means the international bilateral or
multilateral accords signed and entered into by the Philippine Government,
with or without Senate ratification;
(o) SEC – Securities and Exchange Commission
(p) UAP – United Architects of the Philippines, Inc
bbb.“Urban Design” means the physical and systemic design undertaken by
an architect or designer 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;
The Professional Regulatory Board of Architecture, subject to approval by
the Professional Regulation Commission, may revise, exclude from, or add
to the above-enumerated terms as the need arises to conform to the latest
trends and developments in practice, provided that before adopting such,
the Board shall publish the proposed revisions on its website and the Official
Gazette, and allow the IAPOA, architectural associations, and the general
public an opportunity to make representations to the Board within thirty
(30) days of publication.
ARTICLE II PROFESSIONAL REGULATORY BOARD OF
ARCHITECTURE
RULE II
PROFESSIONAL REGULATORY BOARD OF ARCHITECTURE:
ORGANIZATION, POWERS, AND FUNCTIONS
ARTICLE II PROFESSIONAL REGULATORY BOARD OF
ARCHITECTURE
SECTION 4. Creation and Composition of the Professional Regulatory
Board.
SECTION 4. Creation and Composition of the Professional Regulatory
Board.
SECTION 4. Creation and Composition of the Professional Regulatory
Board.
There is hereby created a Professional Regulatory Board of Architecture,
hereinafter referred to as the Board, a collegial body under the supervision
and administrative control of the Professional Regulation Commission,
hereinafter referred to as the Commission, to be composed of a chairman
and two (2) members appointed by the President of the Philippines from a
lists of three (3) recommendees chosen from a list of five (5) nominees for
each position submitted to the Commission by the integrated and the
accredited professional organization of architects. The Board shall be
organized not later than six (6) months from the effectivity of this Act.
There is hereby created a Professional Regulatory Board of Architecture,
hereinafter referred to as the Board, a collegial body under the supervision
and administrative control of the Professional Regulation Commission,
hereinafter referred to as the Commission, is composed of a chairman and
two (2) members appointed by the President of the Philippines from a list
of three (3) recommendees chosen from a list of five (5) nominees for each
position submitted to the Commission by the integrated and the accredited
professional organization of architects. The Board shall be organized not
later than six (6) months from the effectivity of the Architecture Act of
2004.
There is hereby created a Professional Regulatory Board of Architecture,
hereinafter referred to as the Board, a collegial body under the supervision
and administrative control of the Professional Regulation Commission,
hereinafter referred to as the Commission.
A.
The Board shall be composed of nine (9) members, seven (7) of
whom are registered and licensed architects elected in the manner outlined
in this Article and promulgated by the President of the Philippines.
B.
Of the nine members, at least two (2) shall reside and practice in
Luzon, at least one (1) shall reside and practice in the Visayas, and at least
one (1) shall reside and practice in Mindanao.
C.
Of the nine members, one (1) shall be a registered and licensed civil
engineer nominated by the Professional Regulatory Board of Civil
Engineering and chosen by the Board of Architecture in the manner outlined
in this Article and promulgated by the President of the Philippines.
D.
Of the nine members, one (1) shall be a registered and licensed
interior designer nominated by the Professional Regulatory Board of Interior
Design and chosen by the Board of Architecture in the manner outlined in
this Article and promulgated by the President of the Philippines.
SECTION 5. Qualifications of Members of the Professional Regulatory
Board.
SECTION 5. Qualifications of Members of the Professional Regulatory
Board.
E.
The Board shall be elected not later than six (6) months from the
effectivity of this Act.
SECTION 5. Qualifications and Disqualifications of Board Members,
Nominating Persons, and the Electorate.
Each member shall have at the time of his/her appointment, possess the
following qualifications:
Each Member shall, at the time of his/her appointment, possess the
following qualifications:
A. The persons qualified to nominate, elect, and be elected as architect
board members must be:
(a) be a citizen and resident of the Philippines;
(a) be a citizen and a resident of the Philippines;
1. A citizen and resident of the Philippines;
(b) be a holder of a degree in Bachelor of Science in Architecture conferred
by a school, college or university in the Philippines or abroad that is
recognized and/or accredited by the Commission on Higher Education
(CHED);
(b) be a holder of a degree in Bachelor of Science in Architecture conferred
by a school, college or university in the Philippines or abroad that is
recognized and/or accredited by the Commission on Higher Education
(CHED);
2. A registered architect with a valid Professional Identification
Card or practicing license;
(c) be an architect with a valid Certificate of Registration and Professional
Identification Card and active practitioner of architecture for at least ten (10)
years on the date of his/her appointment;
(c) be an architect with a valid Certificate of Registration and Professional
Identification Card and active practitioner of architecture for at least ten
(10) years on the date of his/her appointment;
(d) not be a member of the faculty of any good school, college, university or (d) not be a member of the faculty of any school, college, university or
review institution where a regular course or review course in architecture is
review institution where a regular course or review course in architecture is
taught, nor have pecuniary interest in such institution. No former member of taught, nor have pecuniary interest in such institution. No former member
3. An active practitioner of twenty (20) years by the date of the
election, or a faculty member whose combined years of practice
and teaching of architecture subjects in schools recognized by
the Board amount to twenty (20) years on the date of the
election, provided he or she has at least ten (10) years of
practice.
B. The Professional Regulatory Board of Civil Engineering shall nominate
three civil engineers with active practices of twenty (20) years by the date of
the faculty of any school, institute, university or review center where
architecture is taught can become a member of the Board unless he/she had
officially resigned from such an institution and has completely stopped
teaching, advising or reviewing activities for at least five (5) years prior to
the nomination; and
of the faculty of any school, institute, university or review center where
architecture is taught can become a member of the Board unless he/she
had officially resigned from such an institution and has completely stopped
teaching, advising or reviewing activities for at least five (5) years prior to
the nomination;
(e) Has never been convicted of any crime involving moral turpitude.
(e) has never been convicted of any crime involving moral turpitude; and
(f) not be an elective officer of the Integrated and Accredited Professional
Organization of Architects and other Professional Organization of
Architects.
the election, or a faculty member whose combined years of practice and
teaching of engineering subjects in schools amount to twenty (20) years on
the date of the election, provided he or she has at least ten (10) years of
practice;
C. The Professional Regulatory Board of Interior Design shall nominate three
interior designers with active practices of twenty (20) years by the date of
the election, or a faculty member whose combined years of practice and
teaching of interior design subjects in schools amount to twenty (20) years
on the date of the election, provided he or she has at least ten (10) years of
practice;
D. Persons who are ineligible for election to the Board are:
1. Owners, partners, officers, instructors, and employees of any
review institution offering classes in preparation for the
licensure examination, and the spouse, parent, or child by
blood, marriage, or adoption of the same;
2. A spouse, parent, or child by blood, marriage, or adoption of
another Board member, an incumbent Commissioner of the
Commission, or an incumbent trustee or officer of an
architectural association or the Integrated Accredited
Professional Organization for Architects” (IAPOA); and
3. Any person declared by competent authority insane or
incompetent or sentenced by a court of justice for a crime
involving moral turpitude.
SECTION 6. Notice of Nomination and Nominations.
The Board shall cause a notice to be sent to the IAPOA and to every known
architectural association registered with the SEC, informing them of the
matters referred to in this Article, together with a nomination form, which
shall be in such form as the Board may determine.
The Board shall likewise describe a Board member’s qualifications, duties,
and powers, as enumerated in this Article.
A. Every qualified architect who desires to nominate a candidate for election
as a member of the Board shall:
1. Enter his name as a nominator and sign on the nomination form
referred to above;
2. Enter on the nomination form the name of the candidate and
have the consent of the candidate endorsed thereon;
3. Enter on the nomination form the names of four (4) seconders for
the candidate and have the signatures of the seconders endorsed
thereon; and
4. Submit the nomination form in the manner required by the
Board, together with such information and documents concerning
the candidate as the Board may require.
B. A nominator shall not nominate more candidates in any election than the
number of vacancies to be filled in that election.
SECTION 7. Criteria for Nominees and the Selection of Candidates.
The Board shall select a maximum of two (2) candidates per vacancy from
the nominees based on the following criteria, whose weights the Board shall
determine:
A.
Demonstrated experience
1.
Portfolio with project descriptions, year built, location, role
in each project;
2.
Photographs or renders;
3.
Varied typologies and large-scale projects;
4.
Published projects/articles;
B.
Demonstrated leadership
1.
Positions held, including civic leadership roles, corporate
Boards, national councils, or committees;
2.
Willingness to listen and work collaboratively;
3.
Thinks strategically, manages complexity, and acts
decisively;
4.
Effectively resolves conflict and demonstrates courage;
C.
Demonstrated professionalism
1.
Demonstrates personal and professional integrity,
trustworthiness, ethics, and values;
2.
Demonstrates continuing skill and knowledge development;
3.
Displays self-awareness, open-mindedness, commitment to
confidentiality;
4.
Displays appropriate conduct in public;
D.
Academic experience and background
1.
Courses one has taught, schools, and years;
2.
Doctorate and Master’s degree, if any;
3.
Bachelor’s degree;
E.
Contribution to the industry
1.
Speaking engagements at conferences, seminars,
workshops;
2.
Volunteerism;
3.
Research, white papers;
F.
List of awards, citations;
G.
The diversity that he or she brings to the Board, unique experiences
and perspectives, knowledge and understanding of issues facing the
profession in the country, regionally, and globally; and
H.
Commitment to serve, spend time and actively participate in the
Board’s responsibilities and initiatives.
If there are no more valid nominations than the number of vacancies to be
filled in any election, the Board shall declare the candidates nominated to
be elected.
By a supermajority vote of seven out of nine and subject to approval by the
Commission, the Board may revise the above qualifications to anticipate
and respond strategically to developments in architecture practice without
lowering the qualifications for acceptable nominees and candidates.
SECTION 8. Election Timetable and Conduct.
A.
Following Section 6 of this Article, the Board of Architecture shall:
1. Publish on its website and send notices to the IAPOA and every
architectural association registered with the SEC, within fifteen (15)
to forty-five (45) days from the effectivity of this Act, announcing,
arranging for, and providing:
a. An election primer on the Professional Regulatory Board of
Architecture to be created by this Act, its composition,
functions, powers, responsibilities, and accountabilities, as
described in this Article, and a nomination form which shall be
in such form as the Board may determine, that includes the
criteria for Nominees and Candidates, as described in Section 7
of this Article;
b. A call for nominations for fourteen (14) candidates, two
candidates for every elective position to be filled; and the
qualifications and disqualifications of Board members,
nominating persons, and the electorate, as described in Section
5 of this Article;
c. A series of meetings to be held within thirty (30) to sixty (60)
days from the effectivity of this Act with the SEC-registered
architectural associations to consult and discuss the election
primer, the nomination form, the procedure for submitting
nominations, how to select candidates from the eligible
nominees, the conduct of the election, and related matters;
d. The period for submitting nominations, which the Board shall
set within forty (40) to ninety (90) days of the effectivity of this
Act;
e. The date of the announcement of fourteen (14) candidates,
which the Board shall set one hundred (100) to one hundred
twenty (120) days from the effectivity of this Act;
f.
The date for the election of seven (7) new Board of Architecture
members, which shall be set within one hundred eighty (180) to
one hundred ninety (190) days from the effectivity of this Act;
g. The date of the announcement of election results, which shall
be set not more than two (2) working days from the election
date;
2. In the interest of transparency, publish timely updates and
reminders on its website and send notices to the IAPOA and
architectural associations on developments regarding the election;
3. Simultaneously release the complete information submitted for the
nomination of the fourteen (14) candidates and any further
research into their qualifications to the public.
B.
Each of or at least five (5) SEC-registered architectural associations
shall appoint one representative who meets the qualifications prescribed in
Section 5 and is not a nominee to serve on a committee of election, which
shall, only for the first election enabled by this Act:
1. Assist the Board in ascertaining the eligibility of nominees;
2. Approve the Board’s selection of the fourteen (14) best qualified
candidates from the eligible nominees;
3. Assist and advise the Board on how to conduct a fast and reliable
online vote by eligible voters and allow registered architects to
monitor the elections and the vote count; and
4. Confirm the Board’s vote count and affirm the veracity of results
upon the announcement of winning candidates;
C.
The Professional Regulatory Boards of Civil Engineering and Interior
Design shall submit to the Architecture Board the names and qualifications
of their three nominees to serve on the Architecture Board within one week
of the election.
D.
For succeeding elections, the nine-member Board of Architecture
created under this Act shall:
1.
Set the date calling for nominations within July;
2.
Determine the procedure and period for submitting nominations,
which shall be held for a period of one month, within August to
September;
3.
Select candidates from eligible nominees and release information
about the candidates, which shall be within September;
4.
Require the IAPOA to conduct an election awareness campaign
within October and November and monitor the IAPOA’s conduct to
ensure fair and substantive discussion of issues and the release of
correct information about the candidates;
5.
Set a date for election within the last week of November or the first
week of December;
6.
Set the date and manner by which the election results will be
announced, which shall not be more than two (2) working days
after the election.
SECTION 9. Terms of Office, Succession, Vacancies, Oath, and Schedule of
First Board Meeting.
SECTION 6. Term of Office.
SECTION 6. Term of Office.
The members of the Board shall hold office for a term of three (3) years after
appointment or until their successors shall have been appointed and duly
qualified. Any vacancy occurring within the term of a member shall be filled
for the unexpired portion of the term only. Each member of the Board may
be reappointed for one full term of three (3) years. Of the members of the
Board first appointed under this Act, one (1) member shall be appointed and
hold office as chairman for three (3) years, one (1) member for two (2) years,
and one (1) member for one (1) year. Each member of the Board shall qualify
by taking the proper oath prior to the performance shall qualify by taking
the proper oath prior to the performance of their duties. Provided, That the
incumbent members of the Board shall continue to serve for the remainder
of their term as members of the herein created Professional Regulatory
Board of Architecture until a new Board shall have been properly organized.
The members of the Board shall hold office for a term of three (3) years
after appointment or until their successors shall have been appointed and
A.
Terms of office of the architect board members:
duly qualified. Any vacancy occurring within the term of a member shall be
filled for the unexpired portion of the term only. Each member of the Board
1. A board member’s term of office shall be three (3) years. He or she
may be reappointed for one full term of three (3) years. Of the members of
shall be eligible for re-election.
the Board first appointed under R.A. No. 9266, one (1) member shall be
appointed and hold office as chairman for three (3) years, one (1) member
2. A board member is ineligible for re-election if the re-election would
for two (2) years, and one (1) member for one (1) year. Each member of the
result in him or her holding office for three (3) consecutive terms.
Board shall qualify by taking the proper oath prior to the performance of
their duties: Provided, That the incumbent members of the Board shall
3. A board member who has served for a continuous period of six
continue to serve for the remainder of their term as members of the herein
years is eligible for re-election only after at least three (3) years
created Professional Regulatory Board of Architecture until a new Board
have elapsed since he or she last served.
shall have been properly organized:
4. The term of office for the Vice-Chair shall be one year. The ViceProvided, Further that the incumbent members of the Board may be
Chair then automatically succeeds the Chair.
appointed as members of the First Board.
5. The term of office for the Chair shall be one year. The Chair then
automatically succeeds the Mentor.
6. The term of office for Mentor shall be one year.
7. The Vice-Chair shall assume the powers and duties of the Chair in
his or her absence or disability, refusal or failure to act, and perform
other duties properly assigned by the Chair or the Board.
8. The architect members of the first elected Board shall, within 15
days after the election, hold their first meeting and take the oath of
office as prescribed by the Commission and file the same with the
Commissioner. In succeeding years, they shall take their oath and
hold their first meeting of the year every January.
9. The first agenda of the first meeting of the first Board of architectmembers created by this Act shall be:
1. To elect the Board's Chair and Vice-Chair. Thereafter, the Board
shall elect its Vice-Chair every January.
2. To decide amongst themselves the length of their first term in
office, to stagger the architect members’ terms of office:
(i)
(ii)
(iii)
The Chair must agree to serve two years
The Vice-Chair must agree to serve three years
Two members must agree to serve three years (iv)One
member must agree to serve two years
(v) Two members must agree to serve one year
3. To select the Civil Engineering and Interior Design
representatives from the nominees submitted by their
respective regulatory boards. Thereafter, the Board shall make
its selection within the first week of January. The Board may
request to interview the civil engineer and interior designer
nominees beforehand if they so wish.
B.
Terms of office of civil engineer and interior designer members of
the Board of Architecture:
1. The term of the civil engineer and interior designer selected by
the Board of Architecture shall be three years.
2. The Board may choose to retain the civil engineer or interior
designer board member for another three years.
3. The Board's civil engineer and interior designer members may
not serve as Chair, Vice-Chair, or Mentor.
4. The civil engineer and interior designer board members may not
serve on the Board for more than two consecutive terms.
C.
A board member may resign at any time by notice in writing
addressed to the Commission.
D.
Where vacancies occur in an elected post other than by the expiry
of the member's term of office:
1. The Board shall fill the vacancy as soon as practicable to ensure
a nine-member board at all times.
2. The Board shall select a person to fill the vacancy from the pool
of candidates of the last five elections.
3. When the outgoing Vice-Chair is unwilling to assume the office
of Chair and resigns, the Board shall elect a Chair from among
themselves;
4. When the outgoing Chair is unwilling to assume the post of
Mentor and resigns, the Board shall appoint a previous board
officer or the current board member who has served the
longest to take the post. If no previous board officers are willing
to assume the Mentor post and the Board's most senior
member is the incoming Chair, the Mentor position shall remain
vacant.
E.
Where a vacancy occurs other than by the expiry of the civil
engineer or the interior designer member's term of office—
1. The Board shall fill the vacancy as soon as practicable to ensure
a nine-member Board at all times.
2. The Board shall select the replacement to fill the vacancy from
previous nominees of the Professional Regulatory Board of Civil
Engineering or the Professional Regulatory Board of Interior
Design within the last five years or request the Board of Civil
Engineering or Board of Interior Design to nominate a new
batch of three nominees.
F.
A person appointed to fill a vacancy holds the office only for the
remainder of the term of his predecessor.
SECTION 7. Powers and Functions of the Board
SECTION 7. Powers and Functions of the Board.
SECTION 11. Functions of the Board.
The Board shall exercise the following specific powers, functions and
responsibilities:
The Board shall exercise the following specific powers, functions and
responsibilities:
The Board shall exercise the following powers, functions, and
responsibilities:
(a) Prescribe and adopt the rules and regulations necessary for carrying out
the provisions of this Act;
(a) Prescribe and adopt the “IRR of the Architecture Act of 2004” for
carrying out the provisions of R.A. No. 9266;
A.
(b) Supervise the registration, licensure and practice of architects;
(b) Supervise the registration, licensure and practice of architects;
(c) Administer oaths in connection with the administration of this Act;
(c) Administer oaths in connection with the administration of R.A. No.
9266;
(d) Issue, suspend, revoke, or reinstate the Certificate of Registration and the
professional Identification Card for the practice of the architecture
(d) Issue, suspend, revoke, or reinstate the Certificate of Registration and
profession;
the Professional Identification Card for the practice of the architecture
profession;
(e) Adopt an official seal of the Board;
(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
(f) Monitor the conditions affecting the practice of architecture and adopt
maintenance of high professional, ethical and technical standards of the
such measures as may be deemed proper for the enhancement and
profession;
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;
(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
(h) Hear and decide administrative cases involving violations of R.A. No.
Standards of Professional Practice, and for this purpose, to issue subpoena
9266, the “IRR of the Architecture Act of 2004”, the Code of Ethical
ad testifcandum and subpoena duces tecum to secure the appearance of
Conduct and Standards of Professional Practice and for this purpose, to
witnesses and the production of documents in connection therewith:
issue subpoena ad testificandum and subpoena duces tecum to secure the
Provided, That the decision of the Board shall, unless appealed to the
appearance of witnesses and the production of documents in connection
Commission, become final and executory after fifteen (15) days from receipt therewith; Provided, That the decision of the Board shall, unless appealed
of notice of judgment or decision. The decision of the Commission may be
to the Commission, become final and executory after fifteen (15) days from
appealed to the Court of Appeals in accordance with the procedure under
receipt of notice of judgment or decision. The decision of the Commission
the Rules of Court;
may be appealed to the Court of Appeals in accordance with the procedure
under the Rules of Court;
(i) Prescribe guidelines for the Continuing Professional Development (CPD)
program in consultation with the integrated and accredited professional
(i) Prescribe guidelines for the Continuing Professional Development (CPD)
organization of architects: Provided, That the attendance to said CPD shall
program in consultation with the integrated and accredited professional
not be a mandatory requirement for the renewal of a professional license;
organization of architects: Provided, That the attendance to said CPD shall
not be a mandatory requirement for the renewal of a professional
(j) Prepare, adopt, issue or amend the syllabi of the subjects for
Identification Card;
examinations by determining and preparing questions which shall be within
Administer and promulgate this Act fully;
B.
Prescribe and adopt the rules and regulations necessary for carrying
out the provisions of this Act, and amend or rescind past issuances and
policies of the Board that contravene this Act, subject to the review and
approval of the Commission, provided that before adopting such, the Board
shall publish the proposed regulations or policies on its website and the
Official Gazette, and allow architectural associations and the general public
an opportunity to make representations to the Board within thirty (30) days
of publication;
C.
Grant, deny, suspend, revoke, annul, or reinstate the Certificate of
Registration or the Professional Identification Card to ensure that only
competent and fit natural and juridical persons shall practice architecture in
the Philippines;
D.
Approve, issue, limit, or cancel the registration of a foreign architect
to practice architecture on Philippine soil;
E.
Keep, maintain, and publish a Register of Architects, a Register of
Practicing Architects, Register of Foreign Architects, and Register of
Architecture Firms annually;
F.
Prescribe the syllabi, prepare the questions, and advise the
Commission on the administration, checking, and release of results of
licensure examinations to ensure that only competent applicants pass, and
for which the Board may consult professional and educational organizations
as it thinks appropriate;
G.
Monitor local and international benchmarks and conditions
affecting the practice of architecture and adopt such measures as the Board
deems necessary for the practice to attain and maintain globally
competitive professional, technical, and ethical standards, and counsel the
Commission on Higher Education (CHED) and architectural associations of
the same in private and public communications, dialogue, and campaigns;
H.
Within the first year of the effectivity of this Act, the Board, with the
approval of the Commission, shall publish on its website and the Official
Gazette an initial list of 200 Board-approved international architecture
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 education.
The policies, resolutions, rules and regulations, issued or promulgated by the
Board shall be subject to review and approval of the Commission. However,
the Board's decisions, resolutions or orders rendered in administrative cases
shall be subject to review only if on appeal.
(j) Prepare, adopt, issue or amend the syllabi of the subjects for
examinations in consultation with the academe, determine and prepare
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;
programs that are demonstrably superior to the country’s top architecture
programs based on credible international accreditation, validation, rating,
and ranking systems such as, but not limited to, those of the Singapore
Board of Architects, the Royal Institute of British Architects, the National
Architectural Accrediting Board (NAAB), the National Council of
Architectural Registration Boards (NCARB), Canberra Accord on
(k) Approve, issue, limit or cancel temporary or special permit to practice
Architectural Education, UNESCO-UIA Validation Council for Architectural
architecture;
Education, and the QS World University Rankings, for purposes of entitling
Filipinos with foreign
(l) In coordination with the CHED, ensure that all higher educational
degrees to qualify for licensure examination and the approval of CPD
instruction and offerings of architecture comply with the policies, standards courses taken abroad;
and requirements of the course prescribed by the CHED in the areas of
curriculum, faculty, library and facilities; Provided, That, for the orderly
Thereafter, the Board shall annually update and publish said list, adding
implementation of this provision, the Board and the Commission may enter only architecture programs recognized internationally to provide excellent
into a Memorandum of Agreement with the CHED.
architecture education and removing only those that have fallen from such
stature or are demonstrably inferior by international standards to the
(m) To adopt a program for the full computerization of the licensure
Philippines’ top architecture programs;
examination; and
I.
Rationalize, counsel, and co-develop with the CHED its development
(n) Discharge such other duties and functions as may be deemed necessary plans, policies, requirements, priorities, and minimum standards for
for the enhancement of the architecture profession and the upgrading,
educational institutions offering architecture;
development and growth of the architecture education.
J.
Establish and review rigorous criteria, building on the provisions of
The policies, resolutions, rules and regulations, issued or promulgated by
Section 25 of this Act, by which the Board’s visiting teams shall assess the
the Board shall be subject to review and approval of the Commission.
performance of educational institutions, and devise awards, incentives, and
However, the Board’s decisions, resolutions or orders rendered in
disincentives to spur schools to continually improve the quality of
administrative cases shall be subject to review only if on appeal.
education, faculty, and facilities; and share the Board’s evaluations to
guide the CHED in carrying out its program of incentives and sanctions;
K.
Determine the requirements for Continuing Professional Education
and Development (CPD) and approve, terminate, or reject CPD providers,
their programs, courses, and activities to achieve and maintain
internationally accepted standards, for which the Board may consult
professional and educational organizations and direct the CPD Council as it
thinks appropriate;
L.
Hear and decide administrative cases involving charges of violations
of this Act, its implementing rules and regulations, the Code of Ethical
Conduct and Standards of Professional Practice. And for this purpose, issue
subpoena ad testificandum and subpoena duces tecum to secure the
attendance of witnesses and the production of documents in connection
therewith, provided that the decisions, resolutions or orders of the Board
shall, unless appealed to the Commission, become final and executory after
fifteen (15) days from receipt of notice of judgment or decision. The
Commission's decision may be appealed to the Court of Appeals following
the procedure under the Rules of Court;
M.
Prescribe a Code of Ethics and Code of Professional Standards
consistent with the Philippine Constitution and global best practices;
N.
Establish, by administrative rule, procedures for the assessment of
fees for the administration of this Act;
O.
Administer oaths in connection with the administration of this Act;
P.
Adopt an official seal of the Board;
Q.
Keep a record of Board proceedings and make an annual report to
the President, copy-furnish the Commission, Secretary of Trade and
Industry, Senate President, Speaker of the House, relevant legislative
committees, and the CHED; and
R.
Discharge such other duties and functions as necessary to improve
the service of the Board, the Commission, and their committees; enhance
the architecture profession; and continually upgrade architecture
education.
SECTION 12. Powers Of The Board.
The Board has the power to do all things necessary or convenient in
connection with performing its functions, including the power:
A.
With the approval of the Commission and the Secretary of Trade
and Industry, to enter into arrangements with the appropriate registration
authority of other countries and territories for the mutual recognition by
the Philippines and that territory of the qualifications and standards
adopted by each of the parties to the arrangement regarding the practice of
architecture;
B.
To appoint such committees from among its members, architects,
and allied professionals as it thinks fit to assist or advise the Board on
matters arising out of its functions under this Act;
C.
To grant prizes and scholarships in connection with architecture,
either alone or in conjunction with any person or organization; and
D.
To accept grants, donations, or gifts from any source or raise funds
by lawful means.
SECTION 15. Administrative Supervision of the Board, Custodian of its
Records, Secretariat, and Support Services.
SECTION 8. Administrative Supervision of the Board, Custodian of its
Records, Secretariat and Support Services.
SECTION 8. Administrative Supervision of the Board, Custodian of its
Records, Secretariat and Support Services.
The Board shall be under the administrative supervision of the Commission.
All records of the Board, including applications for examination, and
administrative and other investigative cases conducted by the Board shall be
under the custody of the Commission. The Commission shall designate the
Secretary of the Board and shall provide the secretariat and other support
services to implement the provisions of this Act.
The Board shall be under the administrative supervision of the Commission.
All records of the Board, including applications for examination and
administrative and other investigative cases conducted by the Board, shall
be under the custody of the Commission. The Commission shall designate
the Secretary of the Board and provide the secretariat and other support
services to implement the provisions of this Act.
SECTION 9. Grounds for Suspension or Removal of Members of the Board.
The Board shall be under the administrative supervision of the Commission.
All records of the Board, including applications for examination,
examination questions, answer sheets, and other records and documents
pertaining to licensure examination, administrative and other investigative
cases conducted by the Board shall be under the custody of the
Commission. The Commission shall designate the Secretary of the Board
and shall provide the secretariat and other support services to implement
the provisions of R.A. No. 9266.
SECTION 9. Grounds for Suspension or Removal of Members of the Board
The President of the Philippines, upon the recommendation of the
The President of the Philippines, upon the recommendation of the
A.
SECTION 10. Suspension or Removal of Members of the Board.
The Board may, upon written and verified complaint and for good
Commission, after giving the concerned member an opportunity to defend
himself in a proper administrative investigation to be conducted by the
Commission, may suspend or remove any member on the following grounds:
Commission, after giving the concerned member an opportunity to defend
himself in a proper administrative investigation to be conducted by the
Commission, may suspend or remove any member on the following
grounds:
cause shown, after fifteen (15) days’ notice to any officer or member and
after opportunity for hearing, suspend or remove the member by a majority
vote of the other eight (8) members of the Board on any of the following
grounds:
(a) Neglect of duty or incompetence;
(a) Neglect of duty or incompetence;
(b) Violation of tolerance of the violation of this Act, or its implementing
rules and regulations or the Code of Ethical Conduct and Standards of
Professional Practice;
(b) Violation or tolerance of the violation of R.A. No. 9266, or its
implementing rules and regulations or the Code of Ethical Conduct and
Standards of Professional Practice;
(c) Final judgment of crimes involving moral turpitude; and
(c) Final judgment of crimes involving moral turpitude; and
(d) Manipulation or rigging of the architecture licensure examination results,
disclosure of secret and confidential information in the examination
questions prior to the conduct of the said examination or tampering of
grades.
(d) Manipulation or rigging of the architecture licensure examination
results, disclosure of secret and confidential information in the examination
questions prior to the conduct of the said examination or tampering of
grades.
The Commission in the conduct of the investigation shall be guided by Sec.
7(s) of R.A. No. 8981.
1. Neglect of duty or incompetence;
2. Violation or tolerance of the violation of this Act or its implementing
rules and regulations or the Code of Ethical Conduct and Standards
of Professional Practice;
3. Conviction of offenses in the revised Penal Code, Anti-Graft and
Corrupt Practices Act, and those involving moral turpitude by a
court of competent jurisdiction; and
4. Manipulation or rigging of the architecture licensure examination
results, disclosure of secret and confidential information in the
examination questions before the conduct of the said examination
or tampering of grades;
5. Absence without leave from three consecutive meetings of the
Board or Board and Commission committees, of which he or she is a
member.
B.
In the absence of a majority vote by the Board, a member may
elevate the matter to the Commission, which shall conduct an
administrative investigation guided by Section 7(s) of Republic Act No. 8981,
otherwise known as "The PRC Modernization Act of 2000," the rules on the
administrative investigation, and applicable provisions of the Revised Rules
of Court.
C.
The Commission shall resolve administrative complaints filed by any
person against the Board, its Chair, or its members within one (1) month
from the filing of the complaint. The Commission shall thereafter endorse its
decision to the Office of the President for final disposition. The decision of
the Office of the President, which shall be handed down within one month
after the Commission’s endorsement, shall not preclude the complainant
from filing a subsequent related complaint for adjudication by the court.
D.
The Commission shall resolve criminal complaints filed by any
person against the Board, its Chair, or its members within two (2) weeks
from the date of receipt of the complaint. The Commission shall thereafter
endorse its decision to the Department of Justice, which shall decide within
one month after receipt of the Commission endorsement;
E.
Special or administrative-cum-criminal complaints filed by any
person against the Board, its Chair, or its members shall be filed directly
with the office of the Ombudsman for resolution.
SECTION 10. Compensation and Allowances of the Board.
SECTION 10. Compensation and Allowances of the Board.
SECTION 16. Compensation and Allowances of the Board.
The chairman and members of the Board shall receive compensation and
allowances comparable to that being received by the chairman and
members of existing regulatory Boards under the Commission as provided
for in the General Appropriations Act.
SECTION 11. Annual Report.
The chairman and members of the Board shall receive compensation and
allowances comparable to that being received by the chairman and
members of existing regulatory Boards under the Commission as provided
for in the General Appropriations Act.
SECTION 11. Annual Report.
The board members shall receive compensation and allowances comparable
to those received by existing regulatory boards under the Commission as
provided for in the General Appropriations Act.
The Board shall submit an annual report to the Commission after the close of
each year giving a detailed account of its proceedings during the year and
making such recommendations as it may deem proper.
The Board shall submit an annual report to the Commission after the close
of each year giving a detailed account of its proceedings during the year
and making such recommendations as it may deem proper.
Every first week of December, the Board shall submit an annual report to
the President of the Philippines through the Commission, copy-furnish the
Secretary of Trade and Industry, the Senate President, the Speaker of the
House, the relevant legislative committees of the Senate and the House of
Representatives, and the CHED, of the Board’s accomplishments,
proceedings, and challenges in the previous year.
SECTION 14. Annual Report.
Every other year, the annual report shall be a competitiveness report
assessing Filipino professional architects, architecture schools, the Board,
and the IAPOA vis à vis their counterparts in countries with whom the
Philippines has, is negotiating, or desires to negotiate service trade treaties.
The alternating biannual reports shall recommend measures to upgrade
regulation and the practice and shall include and not be limited to the
following matters:
A.
Licensure: Comparative analysis of registration applicants, Board
exam passers, scores, subjects where applicants are strong and weak, and
recommendations for improvement;
B.
Education: Quality assessment of architecture schools; their
standing vis-à-vis those in the Board’s list of approved schools as defined in
Section
11. H; their improvement or deterioration, strengths, and weaknesses and
how these may be enhanced and addressed; schools to be commended,
warned, and, in the Board's opinion, be placed on probation or closed;
recommendations to the CHED, the CHED’s response, and next steps;
C.
Continuing Education: Quality assessment of Board-approved CPD
activities available in the past year, based on reports submitted by the
Board and the Commission’s CPD monitors’ and feedback from CPD takers;
CPD providers to be commended, warned, suspended, or terminated; the
Board’s directives and recommendations to the CPD Council and IAPOA; the
CPD Council and IAPOA’s responses and next steps;
D.
Regulation: Quality assessment of the Board’s and the Commission’s
delivery of services to its constituents, such as the timely release of
Certificates of Registration, Professional Identification Cards, approval of
education and CPD equivalencies, and the like;
E.
Discipline: an assessment of the numbers:
1.
Of complaints received;
2.
Of complaints determined to be legally sufficient;
3.
Of complaints determined to be legally insufficient;
4.
Of complaints dismissed;
5.
Of complaints filed in court;
6.
Of complaints determined to have a probable cause;
7.
Of administrative complaints issued and the status of the
complaints;
8.
And nature of disciplinary actions taken by the Board;
9.
And the amount of fines and penalties imposed;
10.
And the amount of fines and penalties collected;
11.
Of completed investigations; and
12.
Of pending investigations; and
F.
Collaboration: A summary of concerted efforts with other
Professional Regulatory Boards, the IAPOA, associations of architecture and
allied professions, the Design Center of the Philippines, other organizations
or agencies that promote design in the built environment, and
recommended future activities.
Within one month after submission to the Commission, the Board shall
publish the annual report in the Official Gazette and its website to be readily
accessed by the general public.
SECTION 13. Meetings and Quorum of the Board.
Five (5) architect members shall form a quorum, and no business shall be
transacted at any Board meeting unless a quorum is present. The Chair shall
preside at any meeting of the Board. In his or her absence, the Vice-Chair
shall preside over the meeting. The Board shall allow in-person,
teleconference, and other means for members to attend the meetings, and
cause proper records of its proceedings to be kept.
SECTION 17. Code of Ethics and Professional Standards.
The Board shall keep the Code under review and amend its provisions when
it considers appropriate to reflect the highest Filipino values and world
standards for the profession. The Board shall consult professional bodies
and other persons as the Board deems appropriate. Before issuing or
amending the code, the Board shall publish the code on its website and in
the Official Gazette, indicating its proposed revisions, and allow the IAPOA
and the general public to make representations to the Board within 30 days
of publication.
SECTION 18. Registers.
The Board must keep and maintain at its office—
A.
The following registers:
1.
A Register of Architects containing the names of natural
persons registered under this Act and any other particulars, as
determined by the Board and the Commission;
2.
A Register of Practicing Architects who have a valid
Professional Identification Card (PIC) or practicing license;
3.
A Register of Foreign Architects; and
4.
A Register of Architecture Firms
B.
The Registers must be indexed appropriately and open for public
inspection and information on the Commission's and the Board’s websites.
C.
Necessary alterations shall be made on the appropriate registers to
remove the names or indicate those registered persons who are inactive or
have died.
D.
The names of the architects whose Certificates of Registration have
been revoked or suspended shall be marked on the Register only after the
decision for such suspension or revocation has attained finality.
E.
The Board and the Commission shall publish the updated Registers
on their websites before January 30 every year.
SECTION 19. Seal.
The Board’s seal may be altered or made anew by the Board as it deems fit.
The seal shall be kept in the custody of the Chair and authenticated and
used by him or the Vice-Chair acting in his absence. Any document sealed by
the Board’s seal and authenticated as provided by the Board shall, until the
contrary is proved, be regarded as validly executed.
ARTICLE III EXAMINATION, REGISTRATION AND LICENSURE
RULE III EXAMINATION, REGISTRATION AND LICENSURE
ARTICLE III EXAMINATION, REGISTRATION AND LICENSURE
SECTION 12. Examination Required.
SECTION 12. Examination Required.
SECTION 20. Examination Required.
All applicants for registration for the practice of architecture shall be
required to undergo a licensure examination to be given by the Board in
such places and dates as the Commission may designate in accordance with
the provisions of Republic Act No. 8981.
All applicants for registration for the practice of architecture shall be
required to undergo a licensure examination to be given by the Board in
such places and dates as the Commission may designate in accordance with
the provisions of Republic Act No. 8981.
SECTION 13. Qualifications of Applicant for Examination.
SECTION 13. Qualifications of Applicant for Examination
Except as otherwise specifically allowed under this Act, all applicants for
registration for the practice of architecture who are Filipino citizens shall be
required to undergo a licensure examination to be given by the Board in
such places and dates as the Commission may designate per Section 7(D)
and the other relevant provisions of Republic Act No. 8981 or ‘the PRC
Modernization Act of 2000.’
SECTION 21. Qualifications of Applicant for Examination.
Any person applying for examination shall establish to the satisfaction of the
Board that:
Any person applying for examination shall establish to the satisfaction of
the Board that:
Any person applying for examination shall establish to the satisfaction of
the Board that he or she:
(a) He/she is a Filipino citizen or a citizen of a foreign country qualified to
take the examination as provided for in this Act;
(a) He/she is a Filipino citizen or a citizen of a foreign country qualified to
take the examination as provided for in Sec. 27, Art. IV of R.A. No. 9266 as
carried out by Sec. 27, Rule IV of this “IRR of the Architecture Act of 2004”;
A.
Is a Filipino citizen or citizen of a foreign country qualified to take
the examination as provided under this Act;
(b) He/she is of good moral character;
B.
Is of good moral character;
(b) He/she is of good moral character;
(c) He/she is a holder of a degree of Bachelor of Science in Architecture
conferred by a school, college, academy or institute duly recognized and/or
accredited by the Commission on Higher Education (CHED) and in addition
has a specific record of at least two (2) years or equivalent of diversified
architectural experience duly certified by a registered/licensed architect:
Provided, however, That an applicant holding a Master's Degree in
Architecture from a school, college, university or institute recognized by the
government shall be credited one (1) year in his/her practical experience;
and
(d) He/she has not been convicted of any criminal offensive involving moral
turpitude.
(c) He/she is a holder of the degree of Bachelor of Science in Architecture
conferred by a school, college, academy or institute duly recognized and/or
accredited by the Commission on Higher Education (CHED) and in addition
has a specific record of at least two (2) years or equivalent of diversified
architectural experience duly certified by a registered/licensed architect:
Provided, however, That an applicant holding a Master’s Degree in
Architecture from a school, college, university or institute recognized by
the government shall be credited one (1) year in his/her practical
experience; and
(d) He/she has not been convicted of any criminal offense involving moral
turpitude.
The following documents shall be submitted in support of the above
requirements:
C.
Is a holder of a five-year Bachelor of Science, Master’s (MA or MS),
or doctorate degree in Architecture obtained from:
1.
An institution of learning in the Philippines duly
accredited by the government; or
2.
An international institution of learning of high
international standing approved by the Board, as
defined in Section 11.H;
D.
On the matter of approving baccalaureate, masteral, or doctorate
Architecture degrees secured from foreign schools not on the Board’s list of
approved schools, as defined in Section 11.H, the Board, in compliance with
R.A. 11032, the Ease of Doing Business and Efficient Government Service
Delivery Act of 2018, shall:
1.
(1) Certificate of Live Birth in National Statistics Office (NSO) Security Paper
(2) Marriage Contract in NSO Security Paper for married female applicants
(3) College Diploma with indication therein of date of graduation and
Special Order Number unless it is not required
2.
(4) Baccalaureate Transcript of Records with indication therein of date of
graduation and Special Order Number unless it is not required
(5) Accomplished Diversified Training (DT Form 001)
3.
(6) Accomplished Diversified Training (DT Form 002)
(7) Architect-Mentor Affidavit
E.
Within seven (7) days of application, assess the
equivalency or substance and standard of the academic
units earned overseas; conduct an oral interview and
examination of the applicant to ascertain his or her
knowledge of architecture; and prescribe the manner of
earning additional academic credits and training to
satisfy perceived deficiencies, if any;
Within nine (9) days of application, make the requisite
endorsements to the CHED Technical Committee, which
must concur with the Board’s findings within three (3)
days from the Board’s endorsement; and
Issue the permit to take the licensure examination
within three (3) days after the CHED Technical
Committee’s concurrence.
Has completed three thousand nine hundred (3,900) hours of
(8) Photocopy of Architect-Mentor’s valid Professional Identification Card,
Professional Tax Receipt and IAPOA number
(9) National Bureau of Investigation (NBI) Clearance
(10) Other documents the Board may require.
Fraudulent Applications of Candidate and Mentor – The Board may refuse
to renew a professional identification card, or may suspend, or revoke, any
certificate of registration obtained by false swearing or any
misrepresentations made in applying for registration or examination and
may refuse to renew or grant registration to any applicant whose
application contains such false evidence or information.
Diversified Architectural Experience with increasing levels of responsibility
under the supervision or mentorship of registered and licensed architects or
engineers, which includes real-life experience in the practice areas of:
1.
2.
3.
4.
5.
6.
Practice Management;
Project Management;
Programming and Analysis;
Project Planning and Design;
Project Development and Documentation; and
Construction & Evaluation;
provided, however, that an applicant holding a Master’s (MS or MA) degree
or Doctorate in Architecture in addition to a Baccalaureate in Architecture
from recognized institutions of learning shall have one thousand five
hundred (1500) hours of Diversified Architectural Experience credited to
him or her; and
SECTION 14. Subjects for Examination.
SECTION 14. Subjects for Examination.
F.
Has not been convicted of a crime or an offense involving moral
turpitude. Or, if convicted, has paid his or her debt to society and
compensatory or punitive damages, if any.
SECTION 22. Subjects for Licensure Examination.
The licensure examination for architects shall cover, but are not limited to,
the following subjects:
The licensure examination for architects shall cover, but are not limited to,
the following subjects:
The Board shall prepare questions for a reliable and valid professional
licensure examination that ensures only competent applicants shall pass.
(1) History and Theory of Architecture; Principles of Planning and
Architectural Practice;
(1) History and Theory of Architecture; Principles of Planning and
Architectural Practice
A.
The licensure examination for architects shall cover but not be
limited to the following subjects:
(2) Structural Design, Building Materials, and Architectural Specifications,
and Methods of Construction and Utilities;
Part I: History of Architecture A. Rationale and Description
(3) Urban Design and Architectural Interiors; and
(4) Architectural Design and Site Planning.
The Board, subject to the approval of the Commission, may revise or exclude
any of the subjects and their syllabi, and add new ones as the need arises to
conform to technological changes brought about by continuing trends in the
profession.
1. Analysis of architectural manifestations from the beginning of civilization
to contemporary periods of development;
2. Analysis of the influences of environmental, historical, and sociocultural
factors and their relevance to the development of art, buildings, structures,
as well as of human settlements.
Part II: Theory of Architecture
A. Rationale and Description
1. Understanding of the theories and principles of design and architectural
design process;
2. Analysis of anthropometric, proxemic, and kinesthetic requirements of
space in relation to architectural design;
3. Analysis of sociocultural and technological trends which are contributory
to the development of contemporary architecture.
Part III: Architectural Practice
1.
History and Theory of Architecture; Principles of Planning
and Architectural Practice;
2.
Structural
Design, Building
Materials,
and
Architectural Specifications, and Methods of Construction
and Utilities;
3.
Urban Design and Architectural Interiors; and
4.
Architectural Design and Site Development Planning.
B.
Every year, the Board shall prescribe what it deems necessary to
achieve and maintain the standard of rigor and reliability of the most
credible international licensure exams, reviewing the following and other
considerations as it sees fit:
1.
2.
3.
Exam subjects;
Exam formats;
Administrative procedures such as, but not limited to:
a.
Proctor-candidate ratio;
b.
Examiner-candidate ratio;
c.
Candidate briefing;
d.
Test site;
e.
Time allowed;
f.
Inventory and storage of examination materials;
and
A. Rationale and Description
1. Understanding of the role, legal rights and obligations, and
responsibilities of the architect
2. Analysis and application of the various statutes, codes, and regulations
affecting the practice of architecture in the Philippines
3. Understanding of the various aspects of the professional practice of
architecture, including tools and techniques related to production,
construction, resource allocation, and project management, as well as the
efficient conduct of client and business relations for building design and
construction projects.
Part IV: Theory and Principles of Planning
A. Rationale and Description
1. Analysis of the concepts and techniques in the general planning process,
regional planning, land use planning, and human settlements planning
2. Understanding of the art and science of site planning with emphasis on
ecological, socio-psychological, aesthetic, and functional basis of site
planning.
(2) Structural Design, Building Materials, and Architectural Specifications,
and Methods of Construction and Utilities;
Part I: Structural Design A. Rationale and Description
1. Understanding of the fundamentals of mechanics, strength of materials,
and theory of structures
2. General design, principles, and analysis of the structural elements of
various types of construction materials and systems.
Part II: Building Materials and Methods of Construction
A. Rationale and Description
1 Understanding of the properties of building construction and finishing
materials; their application and articulation; systems and methods of
specifying and construction;
2. Application of the principles of design and construction methods of
various types of materials used in construction.
Part III: Utilities
A. Rationale and Description
g.
Incident reports;
4.
Minimum competence criteria developed by local, regional,
and international practitioners;
5.
The examination's reliability and validity, based on
internationally accepted benchmarks for technical, professional,
and legal standards; and
6.
Appeals and re-examinations.
C.
The Board may consult professional and educational organizations
and contractors as it thinks appropriate.
1. Understanding of the basic practices, principles, general design and
installation, and/or construction of utilities required for a building or
structure and its premises;
2. Analysis of utility, facility, and equipment requirements in relation to
aesthetic, function, and strength of a building or structure and its premises.
(3) Urban Design and Architectural Interiors
Part I: Urban Design
A. Rationale and Description
1 Analysis of the concepts and techniques in the general planning process
of the physical and systematic design on a community and urban plane on a
more comprehensive manner.
2. Understanding of the art and science of urban design with emphasis on
ecological, socio-psychological, aesthetic and functional basis of urban
design.
Part II: Architectural Interiors
A. Rationale and Description
1. Understanding of the theories and principles of Architectural Interiors.
2. Analysis of anthropometric, proxemic, and kinesthetic requirements of
space in relation to Architectural Interiors.
(4) Architectural Design and Site Planning
A. Rationale and Objectives
1. Application of logical approach to architectural interiors, urban design
and site planning solutions to architectural and planning problems with
emphasis on design methodology, quantitative and qualitative aspects of
space, circulation, and interrelationships of space, structural and form
envelopes, and building utilities and facilities.
2. Application of skills and ability to visualize architectural design problems
and present solutions in appropriate graphical language.
SECTION 15. Rating in the Licensure Examination.
The Board, subject to the approval of the Commission, may revise or
exclude any of the subjects and their syllabi, and add new ones as the need
arises to conform to technological changes brought about by continuing
trends in the profession.
SECTION 15. Rating in the Licensure Examination.
SECTION 23. Rating in the Licensure Examination.
To be qualified as having passed the licensure examination for architects, a
To be qualified as having passed the licensure examination for architects, a
For the three years upon effectivity of this Act, a candidate shall be
candidate must obtain a weighted general average of seventy percent (70%),
with no grade lower than fifty percent (50%) in any given subject.
candidate must obtain a weighted general average of seventy percent
(70%), with no grade lower than fifty percent (50%) in any given subject.
The Board may adopt its own internal procedures on the implementation
of this provision.
considered to have passed the licensure examination when he or she has
obtained a weighted general average of seventy percent (70%), with no
grade lower than sixty percent (60%) in any given subject.
However, three years after the effectivity of this Act, a candidate shall be
considered to have passed the licensure examination when he or she has
obtained a weighted general average of seventy-five percent (75%) with no
grade lower than sixty-five percent (65%) in any given subject.
Applicants who fail to pass the licensure examination may take the exam
the following year. Repeaters must take the exam in its entirety, not just the
parts of the exam they failed.
An applicant who fails to pass the licensure examination for two (2)
consecutive attempts shall not be allowed to take another exam until he or
she takes a refresher course, subject to the guidelines set forth by the
Board.
Applicants who fail to pass the licensure examination three (3) times shall
no longer be allowed to take the exam.
On no account shall the Board lower the passing grades of the licensure
examination or make the exam easier to pass. It shall, instead, regularly
examine and prescribe how the Philippine licensure examination shall
achieve and maintain the standard of rigor and reliability of the most
credible international licensure exams.
SECTION 16. Report of Ratings.
SECTION 16. Report of Ratings.
SECTION 24. Report of Ratings.
The Board shall submit to the Commission the ratings obtained by each
candidate within thirty (30) calendar days after the examination, unless
extended for just cause. Upon the release of the results of the examination,
the Board shall send by mail the rating received by each examinee at his/her
given address using the mailing envelope submitted during the examination.
The Board shall submit to the Commission the ratings obtained by each
candidate within thirty (30) calendar days after the examination, unless
extended for just cause. Upon the release of the results of the examination,
the Board shall send by mail the rating received by each examinee at
his/her given address using the mailing envelope submitted during the
examination: Provided, That, the report of rating may be distributed to the
successful examinees during their mass oathtaking as new registered and
licensed architects.
The Board shall submit to the Commission the ratings obtained by each
candidate within fourteen (14) days after the examination unless extended
for just cause. Upon the release of the examination results, the Board shall
notify each examinee of their rating.
SECTION 25. Closure or Suspension of Non-Performing and UnderPerforming Architecture Programs and Review School Courses.
The Board of Architecture shall rationalize, counsel, and co-develop with the
Commission on Higher Education (CHED) its development plans, policies,
requirements, priorities, and minimum standards for educational
institutions offering architecture.
A.
The Board shall review and establish rigorous criteria by which it
shall assess the performance of educational institutions, and devise awards,
incentives, and disincentives to spur schools to continually improve the
quality of education, faculty, and facilities.
B.
This Act hereby also vests the Board with jurisdiction over the
activities of schools offering review courses for the architecture licensure
examination.
C.
Within two (2) years from the effectivity of this Act, the CHED shall
order schools offering architecture programs to cease offering said program
when:
1.
Less than twenty percent (20%) of the school’s graduates
taking the licensure exam during said two-year period pass;
or
2.
The school fails to satisfy the requirements set under the
Board- approved CHED Program Standards and Guidelines.
D.
Within two (2) years from the effectivity of this Act, the Board shall
order review schools offering pre-licensure review programs for
architecture to cease offering said programs when the board exam passers
from such review school do not reach ten percent (10%) of the number of
exam takers from that school during said two-year period.
E.
The decisions of the CHED and the Board on Subsections 25.A and
25.B are not subject to review or appeal.
F.
The Board shall, in consultation with the Integrated Accredited
Professional Organization for Architecture (IAPOA) or with the five largest
architectural associations, and with the approval of the Commission, within
eighteen (18) months of the effectivity of this Act, prescribe other terms and
conditions by which the Board, through the CHED, may suspend or revoke
the accreditation of a school’s architecture program, and the terms and
conditions under which a suspended or revoked accreditation may be
reinstated.
G.
Under no circumstance shall such terms and conditions be lightened
to allow a lowering of standards in education and pre-licensure review. If
the Board shall make any revisions to the criteria by which it assesses the
quality of education, faculty, and facilities of educational institutions, the
objective shall always be to help the Philippines produce professionals with
credentials that stand up to the world’s best.
SECTION 17. Oath.
SECTION 17. Oath.
SECTION 26. 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.
Before entering the practice of the profession, all successful candidates in
the examination shall take an oath of the profession before a member of
the Board, a government official authorized by the Commission, or a person
authorized by law to administer oaths.
SECTION 18. Issuance of Certificates of Registration and Professional
Identification Card.
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 pursuant to Sec. 7(k) of R.A. No. 8981
or any person authorized by law to administer oaths, prior to entering upon
the practice of the profession.
SECTION 18. Issuance of Certificates of Registration and Professional
Identification Card.
A Certificate of Registration and Professional Identification Card shall be
issued to examinees who pass the licensure examination subject to payment
of fees prescribed by the Commission. The Certificate of Registration shall
bear the signature of the chairperson of the Commission and the chairman
A certificate of Registration and Professional Identification Card shall be
issued to examinees who pass the licensure examination subject to
payment of fees prescribed by the Commission. The Certificate of
Registration shall bear the signature of the chairperson of the Commission
A.
Upon payment of the prescribed fee, the Board shall issue a
Certificate of Registration to passers of the licensure examination. The
certificate shall bear the signatures of the Commission Chair and board
members and be stamped with the official seal, indicating that the person
SECTION 27. Issuance of Certificates of Registration and Professional
Identification Card.
and members of the Board, stamped with the official seal, indicating that the
person named therein is entitled to the practice of the profession with all
the privileges appurtenant thereto. The said certificate shall remain in full
force and affect until withdrawn, suspended or revoked in accordance with
this Act.
A Professional Identification Card bearing the registration number, date of
issuance, expiry date, duly signed by the chairperson of the Commission,
shall likewise be issued to every registrant who has paid the prescribed fee.
and the chairman and members of the Board, stamped with the official seal
of the Board and the Commission, indicating that the person named
therein is entitled to the practice of the profession with all the privileges
appurtenant thereto. The said certificate shall remain in full force and
effect until withdrawn, suspended or revoked in accordance with R.A. No.
9266.
A Professional Identification Card bearing the registration number, date of
issuance, expiry date, duly signed by the chairperson of the Commission,
shall likewise be issued to every registrant who has paid the prescribed fee
of annual registration for three (3) years; Provided, That, the reissuance or
renewal of the said card shall be subject to payment of the annual
registration fees for another and every after three (3) years.
named therein is registered and thus entitled to practice architecture.
Certification shall remain in full force and effect until suspended, revoked,
or annulled under this Act.
B.
Upon payment of the prescribed fee, the registered architect shall
receive a Professional Identification Card (PIC) or practicing license bearing
the architect’s registration number, the card’s date of issuance, and expiry
date.
The PIC expires every seven (7) years, and a valid PIC serves as evidence that
the bearer is a living, registered, certified, and licensed architect who, to the
knowledge of the Board and the Commission, has not violated this Act and
has participated in continuing skill and knowledge development expected of
professionals.
C.
To renew one’s PIC or practicing license, the registered architect
needs only to:
1.
Pay the prescribed fee,
2.
Submit a completed application form; and
3.
Submit proof of completion of the prescribed CPD
requirements within the seven (7) years before the PIC’s
expiration.
D.
Following R.A. 11032, the Ease of Doing Business and Efficient
Government Service Delivery Act of 2018, the Commission shall issue the
renewed PIC within three (3) working days from application. If the
Commission fails to approve or disapprove the original application or
request for renewal of the PIC or practicing license within such prescribed
processing time, said request for renewal shall be deemed approved,
provided that all required documents have been submitted and all required
fees have been paid. The acknowledgment receipt together with the official
receipt for payment of all required fees issued to the applicant or requesting
party shall be enough proof or has the same force and effect of the PIC or
practicing license under this approval automatic mechanism. Registrants
who wish to file complaints for the late release of their PIC may do so at the
Commission’s Complaints Desk or the Anti-Red Tape Unit in the Civil Service
Commission.
E.
Under no circumstance shall membership certificates or
requirements by the IAPOA or any architectural association be made a
precondition for the renewal of the PIC or practicing license or proof of
completion of CPD requirements.
SECTION 19. Roster of Architects
SECTION 19. Roster of Architects
A roster showing the names and place of business of all registered
professional architects shall be prepared and updated by the Board and
copies thereof shall be made available to any party as may be deemed
necessary.
A roster showing the names and place of business including other personal
material and relevant data of all registered professional architects shall be
prepared and updated by the Board and copies thereof shall be made
available to any party as may be deemed necessary.
SECTION 28. Inactive and Active Status.
A registered architect who fails to renew his or her Professional
Identification Card or practicing license before its expiry date shall be
considered inactive.
A.
There shall be no penalty for failure to renew one’s Professional
Identification Card.
B.
To return to active status, the inactive architect shall:
1.
Pay the regular prescribed renewal fee charged to active
practitioners;
2.
Submit a completed application form, which shall be in such
form as the Board may determine;
3.
Provide satisfactory proof that he or she has maintained proficiency
by completing two (2) years’ worth of CPD credits within two years before
the date of application for the return to active status, unless otherwise
approved by the Board or provided by Board rule.
C.
Following R.A. 11032, the Ease of Doing Business and Efficient
Government Service Delivery Act of 2018, and as provided for in Subsection
27. D of this Act, the Commission shall issue the renewed PIC within three
(3) working days from application.
D.
The Board may adopt additional rules providing for an inactive
registered architect to return to active status provided that the Board shall
not impose an application fee higher than the regular prescribed renewal
fee of the PIC. In addition, the Board shall not require the applicant to fulfil
more than two years' worth of CPD credits within the two years before the
architect’s application for the return to active status.
SECTION 20. Seal, Issuance and Use of Seal.
SECTION 20. Seal, Issuance and Use of Seal.
E.
Membership certificates or requirements by the IAPOA or any
architecture association shall not be a precondition for an inactive
registered architect to return to active practice.
SECTION 29. Use of Seal and Signing of Architectural Documents.
A duly licensed architect shall affix the seal prescribed by the Board bearing
the registrant's name, registration number and title "Architect" on all
architectural plans, drawings, specifications and all other contract
documents prepared by or under his/her direct supervision.
A duly licensed architect shall affix the seal prescribed by the Board bearing
the registrant’s name, registration number and title “Architect” on all
architectural plans, drawings, specifications and all other contract
documents prepared by or under his/her direct supervision.
A duly licensed architect shall stamp or affix the seal prescribed by the
Board bearing his or her name, registration number, and title "Architect" on
all architectural documents produced by him or her or prepared under his
or her supervision.
(1) Each registrant hereunder shall, upon registration, obtain a seal of such
design as the Board shall authorize and direct. Architectural plans and
specifications prepared by, or under the direct supervision of a registered
architect shall be stampede with said seal during the life of the registrant's
certificate, and it shall be unlawful for any one to stamp or seal any
documents with said seal after the certificate of the registrant named
thereon has expired or has been revoked, unless said certificate shall have
(1) Each registrant hereunder shall, upon registration, obtain a seal of such
design as the Board shall authorize and direct. Architectural plans and
specifications prepared by, or under the direct supervision of a registered
architect shall be stamped with said seal during the life of the registrants
certificate, and it shall be unlawful for any one to stamp or seal any
documents with said seal after the certificate of the registrant named
thereon has expired or has been revoked, unless said certificate shall have
A. Each registrant hereunder shall obtain a seal of such design as the
Board authorizes and shall use said seal during the life of his or her
Certificate of Registration, provided that he or she also has a valid
Professional Identification Card or practicing license.
B. It shall be unlawful for anyone to stamp or seal any architectural
documents after the registrant's certificate has been suspended or
been renewed or re-issued.
been renewed or re-issued.
(2) No officer or employee of this Republic. Chartered cities, provinces and
municipalities, now or hereafter charged with the enforcement of law,
ordinances or regulations relating to the construction or alteration of
buildings, shall accept or approve any architectural plans or specifications
which have not been prepared and submitted in full accord with all the
provisions of this Act; nor shall any payments be approved by any such
officer for any work, the plans and specifications for which have not been so
prepared and signed and sealed by the author.
(2) No officer or employee of this Republic, chartered cities, provinces and
municipalities, now or hereafter charged with the enforcement of laws,
ordinances or regulations relating to the construction or alteration of
buildings, shall accept or approve any architectural plans or specifications
which have not been prepared and submitted in full accord with all the
provisions of R.A. No. 9266; nor shall any payments be approved by any
such officer for any work, the plans and specifications for which have not
been so prepared and signed and sealed by the author.
(3) It shall be unlawful for any architect to sign his/her name, affix his/her
seal or use any other method of signature on architectural plans,
specifications or other documents made under another architect's
supervision, unless the same is made in such manner as to clearly indicate
the part or parts of such work actually performed by the former, and it shall
be unlawful for any person, except the architect-of-record, to sign for any
branch of work for any function of architectural practice, not actually
performed by him/her. The architect-of-record shall be fully responsible for
all architectural plans, specifications and other documents issued under
his/her seal or authorized signature.
(3) It shall be unlawful for any architect to sign his/her name, affix his/her
seal or use any other method of signature on architectural plans,
specifications or other documents made under another architect’s
supervision, unless the same is made in such manner as to clearly indicate
the part or parts of such work actually performed by the former, and it
shall be unlawful for any person, except the architect-of-record, to sign for
any branch of work for any function of architectural practice, not actually
performed by him/her. The architect-of-record, shall be fully responsible
for all architectural plans, specifications and other documents issued under
his/her seal or authorized signature.
(4) Drawings and specifications duly signed, stamped or sealed, as
instruments of service, are the intellectual properties and documents of the
architect, whether the object for which they are made is executed or not, It
shall be unlawful for any person, without the consent of the architect or
author of said documents, 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.
(4) Drawings and specifications duly signed, stamped or sealed, as
instruments of service, are the intellectual properties and documents of
the architect, whether the object for which they are made is executed or
not. It shall be unlawful for any person, without the consent of the
architect or author of said documents, 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.
(5) All architectural plans, designs, specifications, drawings and architectural
documents relative to the construction of a building shall bear the seal and
signature only of an architect registered and licensed under this Act together
with his/her professional identification card number and the date of its
expiration.
(5) All architectural plans, designs, specifications, drawings and
architectural documents relative to the construction of a building shall bear
the seal and signature only of an architect registered and licensed under
R.A. No. 9266 together with his/her professional identification card number
and the date of its expiration.
SECTION 21. Indication of Certificate of Registration/Professional
Identification Card and Professional Tax Receipt.
The Board shall prescribe the design, size, and contents of the dry seal to
be used in signing and sealing of architectural plans, drawings,
specifications, contract documents and architectural permit prepared by or
under his/her direct supervision.
SECTION 21. Indication of Certificate of Registration/Professional
Identification Card and Professional Tax Receipt.
The architect shall be required to indicate his/her Certificate of Registration
and Professional Identification Card, its date of issuance and the duration of
validity, including the professional tax receipt number, on the documents
he/she signs, uses or issues in connection with the practice of his/her
profession.
The architect shall be required to indicate the number of his/her Certificate
of Registration and Professional Identification Card (PIC) with its date of
issuance and the duration of validity, including the professional tax receipt
number which the City/Municipal Treasurer shall issue to the registered
architect upon presentation of his/her current PIC, on the documents
he/she signs, uses or issues in connection with the practice of his/her
profession.
revoked or while the registrant is inactive, that is, does not have a
valid Professional Identification Card (PIC) or practicing license. The
use of the seal shall remain illegal until the registrant's certificate
has been reinstated or re-issued and the registrant has renewed his
PIC.
C. No officer or employee of this Republic now or hereafter charged
with the enforcement of the law, ordinances, or regulations relating
to the construction or alteration of buildings shall approve any
architectural document that has not been signed and sealed in
accord with this Act.
Nor shall any such office approve any payment without the
architect's Certificate of Registration number and the expiry date of
his or her Professional Identification Card attesting to its validity.
D. It shall be unlawful for any architect to sign his or her name, affix his
or her seal or use any other method of signature on architectural
documents made by or under the supervision of another architect
unless said architectural documents indicate the part or parts of
such work performed by the former.
E. It shall be unlawful for any person, except the architect-of-record,
to sign for any branch of work for any function of architectural
practice not performed or supervised by him or her. The architectof-record shall be fully responsible and liable for all architectural
documents issued under his or her seal and authorized signature.
F. Drawings and specifications duly signed, stamped, or sealed as
instruments of service are the intellectual properties and
documents of the architect, whether the object for which they are
made is executed or not. Therefore, it shall be unlawful for any
person, without the consent of the architect or author, to duplicate
or make copies of said documents for use in the repetition of and
for other projects or buildings, whether executed partly or in whole.
SECTION 30. Indication of Certificate of Registration, Professional
Identification Card, and Professional Tax Receipt.
The architect shall be required to indicate his or her Certificate of
Registration number, Professional Identification Card’s expiry date,
including the Professional Tax Receipt number on the architectural and
contract documents he or she signs.
SECTION 22. Refusal to Issue Certificate of Registration and Professional
Identification Card.
SECTION 22. Refusal to Issue Certificate of Registration and Professional
Identification Card.
SECTION 31. Refusal to Issue Certificate of Registration and Professional
Identification Card.
The Board shall not register and issue a Certificate of Registration and
Professional Identification Card to any person who has falsely sworn or
misrepresented himself/herself in his/her application for examination or to
any person convicted by a court of competent jurisdiction of a criminal
offense involving moral turpitude or guilty of immoral and dishonorable
conduct or to any person of unsound mind. In the even of refusal to issue
certificate for any reason, the Board shall give the applicant a written
statement setting forth the reasons for such action, which statement shall
be incorporated in the record of the Board: Provided, however, That
registration shall not be refused and a name shall not be removed from the
roster of architects on conviction for a political offense or for an offense
which should not, in the opinion of the Board, either from the nature of the
offense or from the circumstances of the case, disqualify a person from
practicing under this Act.
The Board shall not register and issue a Certificate of Registration and
Professional Identification Card to any person who has falsely sworn or
misrepresented himself/herself in his/her application for examination or to
any person convicted by a court of competent jurisdiction of a criminal
offense involving moral turpitude or guilty of immoral and dishonorable
conduct or to any person of unsound mind. In the event of refusal to issue
certificate for any reason, the Board shall give the applicant a written
statement setting forth the reasons for such action, which statement shall
be incorporated in the record of the Board: Provided, however, That
registration shall not be refused and a name shall not be removed from the
roster of architects on conviction for a political offense or for an offense
which should not, in the opinion of the Board, either from the nature of the
offense or from the circumstances of the case, disqualify a person from
practicing under R.A. No. 9266.
A.
The Board shall not register and issue a Certificate of Registration or
a Professional Identification Card to any person:
The Board in the written statement shall state the period for the deferment
of the registration if the offense or act committed does not call for
indefinite period and/or perpetual deprivation of the chance to register.
1.
Who has entered false information or forged evidence, or
committed or attempted to commit fraud, bribery, or concealment
of a material fact in the application for examination, application for
registration, application for renewal of the Professional
Identification Card, or their supporting documents;
2.
Whose qualification for examination under Section 21 has
been withdrawn or cancelled by the school or authority that
granted it;
3.
Declared of unsound mind or so addicted to drug or alcohol
as to impair the ability to practice, as determined by a court of
competent jurisdiction;
4.
Has been convicted of a crime or offense involving moral
turpitude by a court of competent jurisdiction and has not yet paid
his debt to society nor paid compensatory or punitive damages, if
any, in full.
B.
The Board may also refuse to issue a Professional Identification Card
or practicing license if it is not satisfied that the applicant has complied with
the prescribed requirements relating to Continuing Professional
Development provided that the Board has approved a sufficient number
CPD activities in which registered architects of varying levels of experience
may participate throughout the year wherever they reside and work.
C.
In refusing registration or renewal of the Professional Identification
Card, the Board shall give the applicant a written statement within three (3)
days of application setting forth the reasons therefor and shall file a copy
thereof in its records. The Board shall not refuse registration for a political
offense or one that would not, in its opinion, either from the nature of the
offense or from the circumstances of the case, disqualify a person from
practicing under this Act.
SECTION 23. Suspension and Revocation of Certificates of Registration,
Professional Identification Card or the Special/Temporary Permit.
SECTION 23. Suspension and Revocation of Certificates of Registration,
Professional Identification Card or the Special/Temporary Permit.
D.
Any person whose registration or Professional Identification Card
renewal has been refused by the Board may, within thirty (30) days after
being notified of such refusal, appeal to the Commission Chair or the Office
of the President and, after that, the regular courts, the Court of Appeals,
and ultimately, the Supreme Court.
SECTION 32. Suspension and Revocation of Certificates of Registration and
Professional Identification Card.
The Board shall have the power, upon notice and hearing, to suspend or
revoke the validity of a Certificate of Registration/Professional Identification
Card, or shall cancel a special permit granted under this Act to an architect,
The Board shall have the power, upon notice and hearing, to suspend or
revoke the validity of a Certificate of Registration/Professional
Identification Card, or shall cancel a special permit granted under R.A. No.
A.
The Board, after due notice and hearing, may suspend or
revoke the Certificate of Registration or Professional Identification Card
(PIC) of an architect, order his or her name removed from the Registers,
on any ground mentioned under Section 22 hereof for the use of or
perpetuation of any fraud or deceit in obtaining a Certificate of Registration
and Professional Identification Card or special/temporary or dishonorable
conduct; or for any cause specified hereunder: Provided, however, That such
action of the Board shall be subject to appeal to the Commission whose
decision shall be final if he/she:
(a) has signed and affixed or permitted to be signed or affixed his
name or seal on architectural plans and designs, specification, drawings,
technical reports, valuation, estimates, or other similar documents or work
not prepared by him/her or not executed under his/her immediate
supervision; or
(b) has paid money except the regular fees provided for to secure a
Certificate of Registration; or
(c) has falsely impersonated a practitioner, or former practitioner of
alike or different name or has practiced under an assumed, fictitious or
corporate name other than that of the registered; or
(d) has aided or abetted in the practice of architecture any person
not duly authorized to practice architecture in the Philippines; or
(e) 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 sevice
agreement, both acts being prejudicial to other architects registered and
licensed under this Act and inimical to the interests of the profession; or
(f) has violated any provision of this Act, its implementing rules and
regulations, the Code of Ethical Conduct and Standards of Professional
Practice.
The Board shall periodically examine the grounds for the revocation
of the Certificate of Registration and Professional Identification Card and
update these as necessary under the implementing rules and regulations.
Any person, firm or association, may prepare charges in accordance
with the provisions of this section against any registrant, or the Board may
motu proprio investigate and/or take cognizance of act and practices
constituting sufficient cause for suspension or revocation of the Certificate
of Registration by proper resolution or order. Such charges shall be in writing
and shall be sworn to by the person making them and shall be filed with the
Secretary of the Board.
9266 to an architect, on any ground mentioned under Section 22 hereof for
the use of or perpetuation of any fraud or deceit in obtaining a Certificate
of Registration and Professional Identification Card or special/temporary
permit; for gross negligence or incompetence; for unprofessional or
dishonorable conduct; or for any cause specified hereunder; Provided,
however, That such action of the Board shall be subject to appeal to the
Commission whose decision shall be final if he/she:
(a) has signed and affixed or permitted to be signed or affixed his name or
seal on architectural plans and designs, specifications, drawings, technical
reports, valuation, estimates, or other similar documents or work not
prepared by him/her or not executed under his/her immediate supervision;
or
(b) has paid money except the regular fees provided for to secure a
Certificate of Registration; or
(c) has falsely impersonated a practitioner, or former practitioner of alike
or different name or has practiced under an assumed, fictitious or
corporate name other than that of the registered; or
(d) has aided or abetted in the practice of architecture any person not duly
authorized to practice architecture in the Philippines; or
(e) 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 R.A. No. 9266 and inimical to the interests of the profession;
or
(f) has violated any provision of R.A. No. 9266, its implementing rules and
regulations, the Code of Ethical Conduct and Standards of Professional
Practice.
The Board shall periodically examine the grounds for the revocation of the
Certificate of Registration and Professional Identification Card and update
these as necessary under the implementing rules and regulations.
Any person, firm or association, may prepare charges in accordance with
the provisions of this section against any registrant, or the Board may motu
proprio investigate and/or take cognizance of acts and practices
constituting sufficient cause for suspension or revocation of the Certificate
of Registration by proper resolution or order. Such charges shall be in
writing and shall be sworn to by the person making them and shall be filed
with the Secretary of the Board.
The rules on administrative investigation issued by the Commission shall
govern the hearing or investigation of the case, subject to applicable
provisions of R.A. No. 9266, R.A. No. 8981, and the Rules of Court.
publicly reprimand the architect, exact a fine, impose the costs of
investigation and prosecution upon him or her, or dispense any combination
of these sanctions taking into consideration the extent of participation,
nature, effects, frequency, and seriousness of the violation, for any of the
grounds and unlawful acts mentioned in Section 31 and hereunder:
1. Gross incompetence, negligence, or ignorance resulting in
death, injury, or damage, as determined by a court of
competent jurisdiction;
2. Manipulation or rigging of the architecture licensure
examination results, disclosure of secret and confidential
information in the examination questions before the conduct of
the said examination or tampering of grades;
3. Presenting or attempting to use as one's own the Certificate of
Registration, PIC, or seal of another;
4. Knowingly aiding or abetting an unlicensed person to use one's
own or someone else's Certificate of Registration or PIC;
5. Impersonating a practitioner or former practitioner, or
practicing under an assumed or fictitious name or corporate
name;
6. Practicing on a revoked or suspended Certificate of Registration
or PIC;
7. Practicing during inactive status; and
8. Violation of any provision of this Act, its IRR, the Code of Ethics
and Standards Of Professional Practice, and the policies and
measures promulgated by the Board or the Commission.
B. Any person, firm, or association may file charges following this
Section against any registrant. In addition, the Board may, motu proprio,
investigate the alleged violations under the following conditions:
1. Such charges shall be in writing and sworn to by the person
making them and shall be filed together with the affidavits of
witnesses and other documentary evidence with the Secretary
of the board, through the legal and investigation office;
2. Any motu proprio action of the Board to conduct an
investigation shall be expressed in a formal charge signed by a
majority of the board members;
3. The rules on administrative investigations issued by the
Commission shall govern the hearing or investigation subject to
applicable provisions of this Act, Republic Act no. 8981, and the
revised rules of court;
4. Orders by the Board imposing discipline and the findings of fact
and conclusions of law supporting that order are public records.
The Board shall not privately reprimand the holder of any
Certificate of Registration issued under this Chapter;
5. The Board shall not revoke or suspend any certificate or
Professional Identification Card unless an opportunity of being
heard either personally or in writing has been given to the
person concerned;
6. The Board's decision shall, unless appealed to the Commission
Chair, become final and executory after fifteen (15) days from
receipt of notice of judgment or decision. The Commission
Chair's decision may be appealed to the Office of the President;
the Office of the President's decision may be brought before a
court of competent jurisdiction, and subsequently to the Court
of Appeals, and finally to the Supreme Court, per the
procedures under the rules of court.
7. Once a suspension is served, the Certificate of Registration shall
be automatically reinstated.
SECTION 24. Re-issuance or Replacement of Revoked or Lost Certificates of
Registration Professional Identification Card or Special and Temporary
Permit.
SECTION 24. Re-issuance or Replacement of Revoked or Lost Certificates
of Registration, Professional Identification Card or Special and Temporary
Permit.
The Board may, after the expiration of two (2) years from the date of
revocation of a Certificate of Registration, Professional Identification Card or
special/temporary permit, and upon application and for reasons deemed
proper and sufficient, reinstate the validity of a revoked Certificate of
Registration and in so doing may, in its discretion, exempt the applicant from
taking another examination.
The Board may, after the expiration of two (2) years from the date of
revocation of a Certificate of Registration, Professional Identification Card
or special/temporary permit, and upon application and for reasons deemed
proper and sufficient, reinstate the validity of a revoked Certificate of
Registration and in so doing may, in its discretion, exempt the applicant
from taking another examination.
A new Certificate of Registration or Professional Identification Card,
temporary/special permit replace those which have been lost, destroyed, or
mutilated, may be re-issued, subject to the rules promulgated by the Board
and the Commission, upon payment of the required fees.
The Board shall issue a Resolution, subject to approval by the Commission,
in granting a petition for reinstatement to the practice of architecture.
C. The Board shall periodically examine the grounds mentioned
above and revise them under the implementing rules and regulations,
subject to the approval of the Commission, provided that under Section
11.B of this Act, the Board shall publish the proposed revisions on its
website and the Official Gazette, and allow the professional associations,
and the public to make representations to the Board within thirty (30) days
of publication before adopting such changes.
SECTION 33. Re-issuance or Replacement of Revoked or Lost Certificates of
Registration or Professional Identification Cards.
The Board may, after the expiration of seven (7) years from the date of
revocation of a Certificate of Registration, and upon application and for
reasons deemed proper and sufficient, reinstate the validity of a revoked
Certificate of Registration. In so doing, the Board may, in its discretion,
exempt the applicant from taking another examination.
A new Certificate of Registration or Professional Identification Card may be
re- issued to replace those lost, destroyed, or mutilated, subject to the rules
promulgated by the Board and the Commission, upon payment of the
required fees.
ARTICLE IV PRACTICE OF ARCHITECTURE
RULE IV PRACTICE OF ARCHITECTURE
(SUNDRY PROVISIONS)
ARTICLE IV PRACTICE OF ARCHITECTURE
SECTION 25. Registration of Architects Required.
SECTION 25. Registration of Architects Required.
SECTION 34. Registration of Architects Required.
No person shall practice architecture in this country, or engage in preparing
architectural plans, specification or preliminary data for the erection or
alteration of any building located within the boundaries of this country or
use the title "Architect," or display or use any title, sign, card, advertisement,
or other device to indicate such person practices or offers to practice
architecture, or is an architect, unless such person shall have received from
the Board a Certificate of Registration and be issued a Professional
Identification Card in the manner hereinafter provided and shall thereafter
comply with the provisions of this Act.
No person shall practice architecture in this country, or engage in preparing
architectural plans, specifications or preliminary data for the erection or
alteration of any building located within the boundaries of this country, or
use the title “Architect”, or display the word “Architect” together with
another word, or display or use any title, sign, card, advertisement, or
other device to indicate such person practices or offers to practice
architecture, or is an architect, unless such person shall have received from
the Board a Certificate of Registration and be issued a Professional
Identification Card in the manner hereinafter provided and shall thereafter
comply with the provisions of R.A. No. 9266.
Subject to the provisions of this Act:
A foreign architect or any person not authorized to practice architecture in
the Philippines, who shall stay in the country and perform any of the
activities mentioned in Sections 3 and 4 of this Act, or any other activity
analogous thereto, in connection with the construction of any
building/structure/edifice or land development project, shall be deemed
engaged in the unauthorized practice of architecture.
A foreign architect or any person not authorized to practice architecture in
the Philippines, who shall stay in the country and perform any of the
activities mentioned in Sections 3 and 4 of R.A. No. 9266, or any other
activity analogous thereto, in connection with the construction of any
building/structure/edifice or land development project, shall be deemed
engaged in the unauthorized practice of architecture and shall, therefore,
be criminally liable under R.A. No. 9266 and this “IRR of the Architecture
Act of 2004”.
A.
No person shall engage in the practice of architecture or in
preparing architectural documents intended to govern the construction,
enlargement, or alteration of any building or part of a building or structure
located within the Philippines unless the person—
1. Is a registered architect who has in force a valid Professional
Identification Card or practicing license;
2. Is doing so under the responsible charge of a registered architect
with a valid Professional Identification Card;
3. Is a registered corporation or partnership; or
4. Is exempt under Section 35 of this Act.
B.
No Filipino citizen shall use the words “registered,” “licensed,”
"registered architect," “licensed architect,” “rehistradong arkitekto,”
“lisensyadong arkitekto” “architectural services,” “architectural design” or
any of their derivatives or translations into other languages or dialects, nor
the abbreviations “Ar.” or “Arch.” in connection with his or her name, style,
title, business designation, business name, or logo, or on plans, drawings, or
specifications for buildings or parts of buildings that will lead to the belief
that he or she may lawfully practice architecture on Philippine soil unless
such person is a registered architect who has in force a valid Professional
Identification Card.
C.
Foreign architects who are duly registered and licensed in their
country and Filipinos duly registered and licensed in architecture abroad
may identify themselves as architects but shall not represent themselves as
allowed to lawfully practice architecture on Philippine soil unless they are
duly registered with the Board.
D.
Nothing in this Act applies to landscape architects, naval architects,
golf course architects, information technology architects, computer systems
architect, and other occupations, so long as the use of the word “architect”
does not lead to the belief that the persons are architects qualified to
lawfully practice architecture on Philippine soil, as defined under this Act.
SECTION 35. Exemption From Registration.
The exemptions provided by this Section do not entitle any person who
does not hold a Certificate of Registration in architecture to hold himself or
herself out to the public and media, advertise, or promote himself or herself
as one who may lawfully practice architecture on Philippine soil.
Any person, natural or juridical, exempted by this Section's provisions is not
absolved from any civil or criminal liability that might otherwise accrue from
the violation of this Act.
A.
Exemptions:
1. Foreign architects who volunteer to assist the national or local
government and non-government organizations during states of
emergency, to aid in disaster mitigation, preparedness or response,
or in relief, rescue, and recovery efforts;
2. Construction documents for the following structures do not require
the signature or seal of a registered and licensed architect:
a. Any public building not exceeding one hundred square meters
(100.0 sqm) in total gross floor area, provided that such a
building complies with State-promulgated development
controls and provided further that such a building shall not be
used for any of the following purposes:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
Religious assembly;
Cinema or movie screenings;
Educational occupancies;
Health care;
Correctional or detention facilities;
Hotel, lodging, or dormitory facilities;
Multifamily housing or apartment facilities; or
Facility classified as high-hazard;
b. Pre-engineered single-story buildings provided that the building
shall not be used for any of the purposes in subsection A.1. a.
above;
c. Any building enlargement or alteration which is to be used for
farm purposes only not exceeding one hundred square meters
(100.0 sqm) in total gross floor area (TGFA); and
d. Non-structural, non-load-bearing interior construction within
existing or planned structures which were designed by a
registered and licensed architect, where drawings and
specifications are prepared by a registered interior designer
with a valid PIC, who by sealing and signing such interior
construction documents attests that the plans and
specifications as submitted are in compliance with the
applicable current building codes and regulations in effect.
3. Nothing herein contained shall prevent any person from preparing
construction documents, designing or directing the designing of
buildings for their personal use or for that of his or her family,
unless such buildings are for public employment, assembly, or other
occupancies by the public, in which case an architect shall be
employed for the purpose.
4. Nothing in this Act shall be construed to prohibit any person from
carrying out work in the construction or repairs of any single-story
building or part thereof in which plans are not required by law to be
submitted to a permitting authority, such as structures for farm
purposes, waiting sheds, sheds, outhouses, children's playhouses,
and the like.
5. Nothing in this Act shall prevent drafting technicians, students,
clerks-of-work, superintendents, and other employees of those
lawfully engaged in the practice of architecture under the provisions
of this Act from acting under the responsible charge or instruction
of their employer.
6. Nothing in this Act shall be construed as allowing public or private
authorities with jurisdiction over national, local, and private
permitting processes to permit non-architects to engage in the
practice of architecture, or for such authorities to engage in the
practice of architecture unless they have a valid PIC.
B.
Jurisdiction:
1. The Board of Architecture shall have no jurisdiction over any person
who is not a registered architect.
2. The Board may not conduct any administrative or disciplinary
proceeding against any person who is not a registered architect; and
SECTION 26. Vested Rights: Architects Registered When this Law is Passed.
All architects registered at the time this law takes effect shall automatically
be registered under the provisions hereof, subject, however, to the
provisions herein set forth as to future requirements.
Certificate of Registration held by such persons in good standing shall have
the same force and effect as though issued after the passage of this Act.
SECTION 26. Vested Rights. Architects Registered When This Law is
Passed.
All architects registered at the time this law takes effect shall automatically
be registered under the provisions hereof, subject, however, to the
provisions herein set forth as to future requirements.
SECTION 27. Reciprocity Requirements.
Certificates of Registration and Professional Identification Cards held by
such persons in good standing shall have the same force and effect as
though issued after the passage of R.A. No. 9266.
SECTION 27. Reciprocity Requirements.
A person who is not a citizen of the Philippines at the time he/she applies to
take the examination shall not be allowed to take the licensure examination
unless 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
A person who is not a citizen of the Philippines at the time he/she applies
to take the examination shall not be allowed to take the licensure
examination unless 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
3. The Board may conduct a preliminary investigation, motu proprio or
otherwise, the results of which, after approval by the Commission
for release, may be used to absolve or charge a person for the
criminal violations of this Act.
SECTION 36. Vested Rights: Architects Registered When this Law is Passed.
All architects registered at the time this law takes effect shall automatically
be registered under the provisions hereof, subject, however, to the
provisions herein set forth as to future requirements. The Certificates of
Registration and Professional Identification Cards held by such persons in
good standing shall have the same force and effect as though issued after
the passage of this Act.
passing an examination on terms of strict and absolute equality with citizens,
subjects or national 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
Philippines.
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 Philippines.
A foreign citizen, whether he studied in the Philippines or not, who desires
to take the licensure examination for 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 Architecture to allow the foreign applicant to
take the licensure examination 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 Architects and to register as Architect in his
country/state on terms of strict and absolute equality with the citizens or
subjects 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 satisfactorily to the Board, the foreign applicant shall be allowed to take
the licensure examination for 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
Bureau of Immigration and Deportation allowing the applicant to enter and
reside 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
SECTION 28. Continuing Professional Development (CPD).
To promote public interest and to safeguard life, health and property, all
practicing architects shall maintain a program of continuing professional
organization shall have the responsibility of developing a continuing
professional development program for architects. Other entities or
organizations may become CPD providers upon accreditation by the Board.
d. Other documents which may be required to be submitted by the Board.
SECTION 28. Continuing Professional Development (CPD).
To promote public interest and to safeguard life, health and property, all
practicing architects shall maintain a program of continuing professional
development. The integrated and accredited professional organization shall
have the responsibility of developing a continuing professional
development program for architects. Other entities or organizations may
become CPD providers upon accreditation by the Board.
A program of Continuing Professional Development (CPD) shall be
SECTION 37. Continuing Professional Development (CPD).
To learn best practices and enhance the industry’s competitiveness, all
practicing architects shall maintain a program of Continuing Professional
Development, provided that:
A.
The registered architect, following the Board's guidelines, has the
freedom to design his or her CPD program, which shall consist of and is not
limited to:
maintained through an overall CPD program for architects developed by
the United Architects of the Philippines, Inc. Such a program shall be
formulated by the Continuing Professional Education (CPE) Council for
Architects based on the existing guidelines of the Professional Regulation
Commission with levels of compliance and proficiency evaluation as a
rating factor. Accreditation of CPD/CPE providers by the Board of
Architecture shall be based on the said guidelines.
1. CPD activities accredited or approved by the Board offered by local
and international CPD providers accredited or approved by the
Board;
2. Formal education, such as research, writing papers, Graduate
Diploma, Master’s or Ph.D. degrees in architecture, interior design,
interior architecture, human behavioral science, landscape
architecture, environmental planning, urban design, engineering,
heritage conservation and restoration, architectural history, art
history and criticism, industrial design, aging-in-place, healthcare
design, and other such courses, certification, and degrees that
enrich the worldview and practice of the architect;
3. Work-based learning that demonstrates advancement in one’s role
and scope of responsibility in architectural work or practice; or
involvement in the design or construction of a new typology or scale
of architecture or interior environment;
4. Professional activity, such as work in local or international
professional organizations, giving presentations at conferences,
developing specialist skills; and
5. Exposure, such as attending architecture festivals, winning
international architectural, interior design and design competitions,
taking educational architectural and design tours;
B.
The Board shall rationalize the CPD guidelines to be consistent with
the national agenda of promoting the creative industries and the global
competitiveness of Filipino professionals, mindful of professional architects’
changing needs as they gain experience and exposure.
C.
The Board shall ensure that there is a sufficient number of approved
CPD activities in which registered architects of varying levels of experience
may participate throughout the year wherever they reside and work.
D.
The Board shall regularly review existing accredited and approved
CPD providers and retain only those that provide relevant activities and, in
the case of local CPD providers, can test and grade attendees for knowledge
gained.
E.
The Board shall institute a feedback mechanism where registered
architects can express honest feedback on the content and execution of
Board-accredited CPD activities and endeavor to respond in a timely manner
to such feedback as necessary.
SECTION 29. Prohibition in the Practice of Architecture and Penal Clause.
SECTION 29. Prohibition in the Practice of Architecture and Penal Clause.
SECTION 38. Prohibition in the Practice of Architecture and Penal Clause.
Any person who shall practice or offer to practice architecture in the
Philippines without being registered/licensed and who are not holders of
temporary or special permits in accordance with the provisions of this Act, or
any person presenting or attempting to use as his/her own the Certificate of
Any person who shall practice or offer to practice architecture in the
Philippines without being registered/licensed and who are not holders of
temporary or special permits in accordance with the provisions of R.A. No.
9266, or any person presenting or attempting to use as his/her own the
Any person in violation of Sections 29 or 32 of this Act, whether Filipino or
foreigner, may be the subject of a criminal complaint filed before a
prosecutor or the Department of Justice, or may be charged in court by the
Commission after due preliminary investigation by the Board, UNDER ANY
Registration/Professional Identification Card or seal of another or temporary
or special permit, or any person who shall give any false or forged evidence
o any kind to the Board or to any member thereof in obtaining a Certificate
of Registration/Professional Identification Card or temporary or special
permit, or any person who shall falsely impersonate any registrant of like or
different name, or any person who shall attempt to use a revoked or
suspended Certificate of Registration/Professional Identification Card or
cancelled special/temporary permit, or any person who shall use in
connection with his/her name or otherwise assume, use or advertise any
title or description tending to convey the impression that he/she is an
architect when he/she is not an architect, or any person whether Filipino or
foreigner, who knowingly allows the use, adoption, implementation of plans,
designs or specification made by any person, firm, partnership or company
not duly licensed to engage in the practice of architecture, or any person
who shall violate any of the provisions of this Act, its implementing rules and
regulations, the Code of Ethical Conduct and Standards of Professional
Practice, or any policy of the Board and the Commission, shall be guilty of
misdemeanor and charged in court by the Commission and shall, upon
conviction be sentenced to a fine of not less than One hundred thousand
pesos (P100,000.00) but not more than Five Million pesos (P5,000,000,00) or
to suffer imprisonment for a period not less than six (6) months or not
exceeding six (6) years, or both, at the discretion of the Court.
Certificate of Registration/Professional Identification Card or seal of
another or temporary or special permit, or any person who shall give any
false or forged evidence of any kind to the Board or to any member thereof
in obtaining a Certificate of Registration/Professional Identification Card or
temporary or special permit, or any person who shall falsely impersonate
any registrant of like or different name, or any person who shall attempt to
use a revoked or suspended Certificate of Registration/Professional
Identification Card or cancelled special/temporary permit, or any person
who shall use in connection with his/her name or otherwise assume, use or
advertise any title or description tending to convey the impression that
he/she is an architect when he/she is not an architect, or any person
whether Filipino or foreigner, who knowingly allows the use, adoption,
implementation of plans, designs or specifications made by any person,
firm, partnership or company not duly licensed to engage in the practice of
architecture, or any person who shall violate any of the provisions of R.A.
No. 9266, its implementing rules and regulations, the Code of Ethical
Conduct and Standards of Professional Practice, or any policy of the Board
and the Commission, shall be guilty of misdemeanor and charged in court
by the Commission and shall, upon conviction be sentenced to a fine of not
less than One hundred thousand pesos (P100,000.00) but not more than
Five million pesos (P5,000,000.00) or to suffer imprisonment for a period
not less than six (6) months or not exceeding six (6) years or both, at the
discretion of the Court.
Government employees and employees of private firms or persons/entities
who are not registered and licensed architects shall not perform
architectural works in the performance of their official function without the
direct supervision of a licensed architect. Such activity shall constitute
unauthorized practice of architecture which shall be penalized in
accordance with Section 29 of R.A. No. 9266.
Any public official who shall order or cause a non-architect to perform
activities which constitute practice of architecture shall be administratively
liable and shall be guilty of misdemeanor and shall upon conviction be
sentenced in accordance with Section 30 of R.A. No. 9266.
Penalties for Violations of Section 7 – sub-paragraph (L) by Heads of
Government Agencies or Officers of Private Entities/Institutions as per R.A.
No. 8981.
SECTION 30. Prohibition in the Practice of Architecture.
Any head of a government agency or officer(s) of a private firm/institution
who violates Section 7 – sub-paragraph (L) of R.A. No. 8981 shall be
punished by imprisonment of not less than six (6) months and one (1) day
to not more than six (6) years, or a fine of not less than Fifty Thousand
Pesos (P50,000.00) to not more than Five Hundred Thousand Pesos
(P500,000.00) or both at the discretion of the court.
SECTION 30. Prohibition in the Practice of Architecture.
Any person or entity, whether public or private, Filipino or foreigner,
who/which shall entice, compel, coerce, require or otherwise force an
architect registered and licensed under this Act to undertake/perform any
Any person or entity, whether public or private, Filipino or foreigner,
who/which shall entice, compel, coerce, require or otherwise force an
architect registered and licensed under R.A. No. 9266 to
OF THE FOLLOWING PARAGRAPHS OR UNDER THE APPLICABLE PROVISIONS
OF THE REVISED PENAL CODE.
Upon conviction of misdemeanor UNDER PARAGRAPHS B, C, D, E, AND F OF
SECTION 29, he or she shall be sentenced to a fine of not less than One
Hundred Thousand Pesos (P100,000.00) or COMMUNITY SERVICE OF no less
than three (3) months, or both, at the discretion of the court.
Upon conviction of fraud and corruption UNDER ITEMS 2, 3, 4, 5, 6, AND 7
OF PARAGRAPH A OF SECTION 32 OF THIS ACT, he or she shall be sentenced
to a fine of not less than Five Hundred Thousand Pesos (P500,000.00) or
IMPRISONMENT OF no less than one (1) MONTH,or both, at the discretion
of the court.
Any person or entity, whether public or private, Filipino or foreigner, who
compels a registered architect to perform an architectural service without
first executing a written contract or service agreement, shall be guilty of a
misdemeanor and shall, upon conviction, be sentenced to a fine of not less
than Five Hundred Thousand Pesos (P500,000.00) or a jail term of not less
than ONE (1) MONTH, or both, at the discretion of the court.
Upon conviction of any violation contributing to or causing damage or
injury, he or she shall be sentenced to a fine of not less than One Hundred
Thousand Pesos (P100,000.00) or a jail term of not less than one (1) month,
or both, at the discretion of the court.
Upon conviction of any violation contributing to or causing death, he or she
shall be sentenced to a fine of not less than One Million Pesos
(P1,000,000.00) or IMPRISONMENT OF NOT LESS THAN SIX (6) MONTHS, or
both, at the discretion of the court.
service under the general practice of architecture as defined under this Act,
without first executing a written contract/service agreement, shall be guilty
of a misdemeanor and shall, upon conviction be sentenced to a fine of not
less than Two hundred thousand pesos (P200,000.00) or to suffer
imprisonment for a period not exceeding six (6) years, or both, at the
discretion of the Court.
SECTION 31. Liability of Representatives of Non-Registered Persons.
undertake/perform any service under the general practice of architecture
as defined under R.A. No. 9266, without first executing a written
contract/service agreement, shall be guilty of a misdemeanor and shall,
upon conviction be sentenced to a fine of not less than Two hundred
thousand pesos (P200,000.00) or to suffer imprisonment for a period not
exceeding six (6) years, or both, at the discretion of the Court.
SECTION 31. Liability of Representatives of Non-Registered Persons.
It shall be unlawful for any person or firm or corporation to seek to avoid the
provisions of this Act by having a representative or employee seek
architectural work in their behalf, unless and until, such persons have duly
qualified and are duly registered/licensed, otherwise, both those
represented and representative, the employer and the employee shall be
deemed guilty of violation of this Act. Solicitation of architectural work shall
be construed as offering to practice architecture and shall be unlawful for
any non-registered and unlicensed persons to do so.
SECTION 32. Signing of Architectural Plans, Specifications and Other
Contract Documents.
It shall be unlawful for any person or firm or corporation to seek to avoid
the provisions of R.A. No. 9266 by having a representative or employee
seek architectural work in their behalf, unless and until, such persons have
duly qualified and duly registered/licensed, otherwise, both those
represented and the representative, the employer and the employee shall
be deemed guilty of violation of R.A. No. 9266. Solicitation of architectural
work shall be construed as offering to practice architecture and shall be
unlawful for any non-registered and unlicensed persons to do so.
SECTION 32. Signing and Sealing of Architectural Plans, Specifications,
Architectural Permit and Other Contract Documents.
It shall be unlawful for any architect to sign his/her name, affix his/her seal,
or use any other method of signature or architectural plans, specifications or
other contract documents made under another architect's supervision,
unless the same is made in such manner as to clearly indicate the part or
parts of such work actually performed by the former; and shall be unlawful
for any person, except the Architect-of record shall be fully responsible for
all architectural plans, specifications, and other documents issued under
his/her seal or authorized signature.
It shall be unlawful for any architect to sign his/her name, affix his/her seal,
or use any other method of signature on architectural plans, specifications
or other contract documents made under another architect’s supervision,
unless the same is made in such manner as to clearly indicate the part or
parts of such work actually performed by the former, and shall be unlawful
for any person, except the Architect-of record shall be fully responsible for
all architectural plans, specifications, and other documents issued under
his/her seal or authorized signature.
The Board shall make all the necessary rules and regulations with regards to
the signing and sealing of drawings, specifications, reports, and other
documents.
The Board shall make all the necessary rules and regulations with regards
to the signing and sealing of drawings, specifications, reports, and other
documents.
The authorized signature, official seal, PTR, PRC registration number and
the IAPOA membership number and Official Receipt (O.R.) number of the
Architect-of-record stamped on architectural plans, specifications,
architectural permit and other related contract documents signify his/her
assumption of the mandated fifteen (15) year civil liability under Article
1723 of the Civil Code. The Architect-of-record should be limited to
architectural documents of a project and its liability does not extend to the
professional responsibility nor civil liability of the other signing (sealing)
professionals Including the Architect-in-charge of construction (AICC) and
the Consulting Architect (CA) unless these are under his/her direct employ.
This rule shall apply to both architects in government as well as architects
employed by private firms.
For architectural documents prepared by architectural firms, the Board of
Architecture Registry Number and the SEC or DTI Registry Numbers should
be prominently displayed on all architectural documents.
SECTION 33. Ownership of Plans, Specifications and other Contract
Documents
SECTION 33. Ownership of Plans, Specifications and Other Contract
Documents
SECTION 39. 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 thr 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.
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.
Architectural 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.
All architects shall incorporate this provision in all contract documents and
other instruments of service.
All architects shall incorporate this provision in all contract documents and
other instruments of service.
A.
It shall be unlawful for any person to duplicate or to make copies of
said documents for use in constructing or altering other buildings, whether
partly or in whole, without the written consent of the architect or author of
said documents.
B.
Hardcopies copies and non-editable soft copies of architectural
documents submitted for official permitting purposes shall remain the
property of their respective owners and author-architects.
C.
As far as practicable, all registered architects shall incorporate the
above provisions in all contract documents and other instruments of
service.
D.
These architectural documents shall be properly archived after ten
(10) years when the mandatory civil liability of both the architect and the
constructor shall have fully expired.
SECTION 34. Non-Registered Person Shall Not Claim Equivalent Service.
SECTION 34. Non-Registered Person shall not Claim Equivalent Service.
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.
SECTION 35. Positions in Government Requiring the Services of Registered
and Licensed Architects.
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 function of
architectural practice, even though no form of the title “Architect” is used.
SECTION 35. Positions in Government Requiring the Services of Registered
and Licensed Architects.
SECTION 40. Positions in Government and Government Projects Requiring
the Services of Registered and Licensed Architects and Engineers.
Within (3) years from the effectivity of this Act, all existing and proposed
positions in the local and national government, whether career, permanent,
temporary or contractual and primarily requiring the services of an architect
shall be filled only by registered and licensed architects.
Within three (3) years from the effectivity of R.A. No. 9266, all existing and
proposed positions in the local and national government, whether career,
permanent, temporary or contractual and primarily requiring the services
of an architect shall be filled only by registered and licensed architects.
A.
The Civil Service Commission shall ensure that all existing and
proposed positions in the national and local governments, whether career,
permanent, temporary, or contractual, requiring the services of an architect
shall be filled only by registered and licensed architects.
In order to provide a safety net intended to ensure that the legislative
intent shall be fully implemented, the following sub-rules are so prescribed:
1. All national and local agencies including Government Owned and
Controlled Corporations (GOCC’s) are prohibited to collapse existing
plantilla positions for architects for the purpose of recreating the same to
non-architect positions.
2. All existing plantilla positions in the national and local government
whose job description includes the practice of architecture as defined
under R.A. 9266, shall be automatically reclassified as Architect positions
and shall be accorded the salary pertaining to the latter in accordance with
salary standardization law.
1. The Civil Service Commission shall, in collaboration with the
Department of Interior and Local Government (DILG), the Local
Government Unit (LGU) concerned, and relevant agencies, create
the mandatory positions of Provincial Architect, City Architect and
Municipal Architect staffed by registered and licensed architects
qualified by ten years’ active practice to oversee and review the
planning, design, and implementation of provincial, city, and
municipal public buildings and facilities such as offices, courts,
schools, hospitals, clinics, firehouses, police stations, public
markets, public housing, and the like.
2. The Civil Service Commission shall, in collaboration with the DILG,
the Department of Public Works and Highways (DPWH),
Department of Human Settlements and Urban Development, or any
3. The government architect-of-record shall collect from the concerned
national or local agency including Government Owned and Controlled
Corporations (GOCC’s) an incentive pay to cover civil liabilities in the
equivalent amount of 1.5 % of the project cost of every project provided it
shall not exceed 50% of his annual salary which shall be paid upon full
completion of the project. The amount intended for the architect who
prepared and signed the drawings and specifications shall be included in
the Program of Work.
line agency tasked with overseeing the review of building plans,
appoint and ensure that both and only registered and licensed
architects and civil engineers are appointed to all LGU Office of the
Building Official (OBO) key staff positions nationwide for each class
of city and municipality, so that architects and civil engineers shall
review architectural documents and civil engineering documents
respectively.
3. Architects aspiring for the LGU Building Official position shall be
qualified by at least fifteen (15) years’ active practice in a wide
variety of building typologies; unless there are other candidates
qualified by more experience or greater responsibilities in a wider
variety of building typologies.
4. Ensure, in collaboration with the DILG, the DPWH, or any line
agency tasked with overseeing the review of building plans, that
only registered and licensed architects qualified by ten years’ active
practice shall head all the Architectural Divisions of all LGU Office of
the Building Official (OBO) nationwide;
5. Ensure that both registered and licensed architects and civil
engineers qualified by twenty (20) years of relevant experience shall
always serve as the primary technical advisers to Bid and Award
Committees in all public procurement activities relating to public
buildings and facilities, whose qualifications must enable them to
appreciate and assess not only financial feasibility but also the
project’s vision and potential to positively impact civil life and the
public’s wellbeing, productivity, and regard for the country.
B.
All offices of the Executive, Legislative, and Judiciary, governors,
heads of autonomous regions, and mayors of highly urbanized cities and
independent cities shall always hire the best and most promising
professional Filipino architects to design government buildings and offices,
including embassies, to positively impact civil service and civil life, and
elevate the public’s regard for the Philippine government through public
architecture worthy of the nation and its people and representative of the
finest contemporary Filipino architectural thought.
C.
The Board and the IAPOA shall make it their responsibility to
campaign and educate national and local government offices and agencies
on this Section and the value of patronizing local qualified talent and
fostering collaboration among architects, engineers, interior designers,
landscape architects, other professionals in the allied arts, and creatives.
SECTION 36. Collection of Professional Fees.
SECTION 36. Collection of Professional Fees.
It shall be unlawful for any unregistered person to collect a fee for
architectural services except as an employee collecting a fee as
representative of a Registered Architect.
It shall be unlawful for any unregistered person to collect a fee for
architectural services except as an employee collecting a fee as
representative of a Registered Architect.
SECTION 37. Limitation to the Registration of a Firm, Company,
Partnership, Corporation or Association.
SECTION 37. Limitation to the Registration of a Firm, Company,
Partnership, Corporation or Association.
SECTION 41. Limitation to the Registration of Companies, Corporations,
and Partnerships.
The practice of architecture is a professional service, admission to which
shall be determined upon the basis of individual personal qualifications.
However, a firm, company, partnership, corporation or association may be
registered or licensed as such for the practice of architecture under the
following conditions:
The practice of architecture is a professional service, admission to which
shall be determined upon the basis of individual personal qualifications.
However, a firm, company, partnership, corporation or association may be
registered or licensed as such for the practice of architecture under the
following conditions:
A.
For a corporation to be registered and licensed to provide
architectural services in the Philippines:
(a) Only Filipino citizens properly registered and licensed as architects under
this Act may, among themselves, or together with allied technical
professionals, form and obtain registration as a firm, company, partnership,
association or corporation for the practice of architecture;
a) Only Filipino citizens properly registered and licensed as architects under
R.A. No. 9266 may, among themselves, or together with allied technical
professionals, form and obtain registration as a firm, company, partnership,
association or corporation for the practice of architecture;
(b) 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;
b) 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;
(c) Individual members of such firm, partnership association or corporation
shall be responsible for their individual and collective acts as an entity and as
provided by law;
c) Individual members of such firm, partnership, association or corporation
shall be responsible for their individual and collective acts as an entity and
as provided by law;
(d) Such firm, partnership, association or corporation shall be registered with
the Securities and Exchange Commission and Board.
d) Such firm, partnership, association or corporation shall be registered
with the Securities and Exchange Commission and the Board.
1. Its constitution or memorandum of association must state that a
primary purpose of the corporation is to provide architectural
services;
2. At least one director is a registered architect with a valid
Professional Identification Card (PIC);
3. The corporation’s articles of association must provide:
The Board subject to approval by the Commission shall issue a certificate of
registration to such firm, company, partnership, corporation or association
upon grant of registration.
a. The proportion or minimum number of board directors required
to be registered architects or allied professionals, each with a
valid PIC;
b. That seventy-five percent (75%) of its officers, board of
directors, and plantilla must be Filipino citizens residing in the
Philippines;
c. That under no circumstance shall ownership by foreigners
exceed forty percent (40%);
d. That none of its members that are architects or other Stateregulated professionals whose names have been removed from
the registers of their respective Professional Regulatory Boards
may serve as directors until their names have been reinstated in
their respective registries;
e. That none of its members that are architects or other Stateregulated professionals who have been suspended may serve as
directors for so long as they remain suspended;
4. The supply of architectural services shall be under the responsible
charge and management of a corporate director who is a registered
architect with a valid PIC and who is authorized by resolution of the
corporation’s board of directors to make all final architectural
decisions on behalf of the corporation;
5. It must be insured against professional liability; and
6. It shall pay the required registration and license renewal fees (in
addition to the fees its directors or members pay as individual
architects to register and renew their PICs).
B.
For a general professional partnership to be registered and licensed
to provide architectural services in the Philippines:
1. Its articles of partnership must state that a primary purpose of the
corporation is to provide architectural services;
2. At least one partner must be a registered architect with a valid
Professional Identification Card (PIC);
3. The corporation’s articles of partnership must provide:
a. That no person shall be a partner unless he or she is a registered
architect or an allied professional, each with a valid PIC;
b. The required proportion or minimum number of partners that must
be registered architects or allied professionals, each with a valid PIC;
c. That seventy-five percent (75%) of its officers, partners, and
plantilla must be Filipino citizens residing in the Philippines;
d. That under no circumstance shall ownership by foreigners exceed
forty percent (40%);
e. That none of its members that are architects or other Stateregulated professionals whose names have been removed from the
registers of their respective Professional Regulatory Boards may
serve as partners until their names have been reinstated in their
respective registries;
f.
That none of its members that are architects or other Stateregulated professionals who have been suspended may serve as
partners or officers for so long as they remain suspended;
4. A partner who is a registered architect with a valid PIC shall have
responsible charge and manage the business of providing
architectural services, and shall also be authorized by resolution of
the partnership to make all final architectural decisions on behalf of
the partnership;
5. It shall pay the required registration and license renewal fees (in
addition to the fees its partners or employees pay as individual
architects to register and renew their PICs).
C.
For general or limited partnerships not consisting wholly of
architects to be registered and licensed to provide architectural services in
the Philippines:
1. At least one partner shall be a registered architect who has in force
a valid Professional Identification Card (PIC);
2. The partnership is one in which only the registered architects and
allied professionals, who each has in force a valid PIC, have a
beneficial interest in the capital assets and profits of the
partnership;
3. At least sixty percent (60%) of its partners, officers, and plantilla
must be Filipino citizens residing in the Philippines;
4. Foreigners shall not comprise more than forty percent (40%) of
the partners;
5. The partnership's business of providing architectural services in the
Philippines will be under the management and responsible charge
of a partner who is a registered architect with a valid PIC;
6. It shall pay the required registration and license renewal fees (in
addition to the fees its partners pay as individual architects to
register and renew their PICs).
D.
Any licensed company, corporation, or partnership shall furnish the
Board an accurate report in writing within thirty (30) days of any changes in
its constitution, memorandum of association, articles of partnership,
purpose, board of directors, shareholders, members, or partners, providing
the full particulars and reasons for the changes.
E.
Registered architects with responsible charge and who manage the
business of providing architectural services shall be subject to the same
professional conduct and competence standards as if they were personally
supplying the architectural services.
F.
Where a license is granted or refused by the Board, any company or
partnership, if aggrieved by the Board's decision, may appeal within thirty
(30) days to the Commission, whose decision shall be final.
G.
The Board may revoke a license granted to a corporation,
partnership, or limited liability partnership for failing to comply with
conditions imposed by this Section or when its memorandum of association
no longer includes or supports the limitations prescribed in this Section. The
Board may also revoke a license when the Board has determined any of the
following:
1. The license was obtained by bribery, fraud, or misrepresentation;
2. The concerned corporation, general partnership, general
professional partnership, or limited partnership has ceased
providing architectural services in the Philippines;
3. That the corporation, general partnership, general professional
partnership, or limited partnership has violated any provision of the
code of professional conduct and ethics;
4. The professional conduct and business dealings of any director,
officer, or partner has demonstrated compelling grounds for
believing that the corporation or partnership will not supply
architectural services per the law and with honesty and integrity.
J.
The Board’s revocation order shall become effective thirty (30) days
after the Board has served the corporation, partnership, or limited liability
partnership concerned with a notice of its order. When the revocation
becomes effective—
1. The Board shall cause the notice of revocation to be published in
the Official Gazette and on its website;
2. Remove the name from the Register of the corporation,
partnership, or limited liability partnership concerned; and
3. The corporation, partnership, or limited liability partnership shall
cease providing architectural services in the Philippines except, as
provided in writing by the Board, to close down its business.
K.
The corporation, partnership or limited liability partnership served
with a notice of revocation may, within thirty (30) days upon receipt, appeal
to the Commission Chair or the Office of the President and, after that, the
regular courts, the Court Of Appeals, and ultimately, the Supreme Court.
L.
Every license granted under this Section shall, unless earlier
revoked, be valid for three (3) years. The Board shall determine within six
months of the effectivity of this Act the fees and schedules for payment.
SECTION 38. Coverage of Temporary/Special Permits.
SECTION 38. Coverage of Temporary/Special Permits.
Foreign nationals who have gained entry in the Philippines to perform
professional services as architects or consultants in foreign-funded or
assisted projects of the government or employed or engaged by Filipino or
foreign contractors or private firms, shall, before assuming the duties,
functions and responsibilities as architects or consultants, secure a
special/temporary permit from the Board subject to approval of the
Commission. To practice his/her profession in connection with the project to
which he/she was commissioned: Provided, That a foreign national or
foreign firm, whose name or company name, with title architect,
architectural consultant, design consultant, consultant or designer appear on
architectural plans, specifications and other related construction documents,
for securing buildings permits, licenses and government authority clearances
for actual building project construction in the Philippines and advertisement
Foreign nationals who have gained entry in the Philippines to perform
professional services as architects or consultants in foreign-funded or
assisted projects of the government or employed or engaged by Filipino or
foreign contractors or private firms, shall, before assuming the duties,
functions and responsibilities as architects or consultants, secure a
special/temporary permit from the Board subject to approval of the
Commission, to practice his/her profession in connection with the project
to which he/she was commissioned: Provided, That a foreign national or
foreign firm, whose name or company name, with the title architect,
architectural consultant, design consultant, consultant or designer appears
on architectural plans, specifications and other related construction
documents, for securing building permits, licenses and government
authority clearances for actual building project construction in the
M.
Without prejudice to the preceding subsections, the Board may
register and grant licenses to companies, corporations, or partnerships,
subject to such other requirements or conditions as the Board deems fit to
improve the competitiveness of the Filipino architect. The Board may revise
or add conditions provided that it announces such changes or additions on
its website at least thirty (30) days and allows the architecture associations
and the general public to make representation to the Board before adopting
said changes.
SECTION 42. Foreign Architect Registration.
Foreign nationals who wish to perform professional services as architects,
consulting architects, design consultants, or consultants in the Philippines
on foreign-funded or assisted government projects or employed or engaged
by foreign or Filipino contractors or
private firms, shall register with the Board before performing any service
covered by the scope of the practice of architecture, provided that:
A.
The foreign architect’s work scope shall be allowed to include
schematic design, design development, contract documentation, and design
management only until the 31st of December, 2039; and shall be allowed to
include only schematic design and design development until the 31st of
December, 2044;
and billboards for marketing purposes, shall be deemed practicing
architecture in the Philippines, whether the contract for professional
services is consummated in the Philippines or in a foreign country: Provided,
further, That the following conditions are satisfied as follows:
(a) That he/she is a citizen or subject of a country which specifically permits
Filipino professionals to practice his/her profession within their territorial
limits, on the same basis as the subjects or citizens of such foreign state or
country;
(b) That he/she is legally qualified to practice architecture in his/her own
country, and that his/her expertise is necessary and advantageous to our
country particularly in the aspects of technology transfer and specialization;
(c) That foreign nationals shall be required to work with a Filipino
counterpart and shall also be responsible for public utilities and taxes due to
the Philippine government, relative to their participation in, or professional
services rendered to the project, in accordance with the established
implementing rules and regulations providing for the procedure for the
registration and/or issuance of temporary/special permits to foreign
architects allowed by law to practice their profession in the Philippines by
the Board of Architecture and the accredited professional organization; and
(d) Agencies, organizations or individuals, whether public or private, who
secure the services of foreign professional authorized by law to practice in
the Philippines for reasons aforementioned, shall be responsible for securing
a special permit from the Professional Regulation Commission (PRC) and the
Department of Labor and Employment (DOLE) pursuant to PRC and DOLE
rules.
Philippines and advertisements and billboards for marketing purposes, shall
be deemed practicing architecture in the Philippines, whether the contract
for professional services is consummated in the Philippines or in a foreign
country. Provided, further, That the following conditions are satisfied as
follows:
(a) That he/she is a citizen or subject of a country which specifically permits
Filipino professionals to practice his/her profession within their territorial
limits, on the same basis as the subjects or citizens of such foreign state or
country;
(b) That he/she is legally qualified to practice architecture in his/her own
country, and that his/her expertise is necessary and advantageous to our
country particularly in the aspects of technology transfer and
specialization;
(c) That foreign nationals shall be required to work with a Filipino
counterpart and shall also be responsible for public utilities and taxes due
to the Philippine government, relative to their participation in, or
professional services rendered to the project, in accordance with the
established implementing rules and regulations providing for the procedure
for the registration and/or issuance of temporary/special permits to foreign
architects allowed by law to practice their profession in the Philippines by
the Board of Architecture and the accredited professional organization; and
(d) Agencies, organizations or individuals whether public or private, who
secure the services of a foreign professional authorized by law to practice
in the Philippines for reasons aforementioned, shall be responsible for
securing a special permit from the Professional Regulation Commission
(PRC) and the Department of Labor and Employment (DOLE) pursuant to
PRC and DOLE rules.
The following procedures for the registration and/or issuance of
temporary/special permits to foreign architects are hereby prescribed:
1.0 A visa and work permit by appropriate government agencies shall be
required.
2.0 Within thirty (30) calendar days after the commission/appointment
date, the commissioning party shall be responsible to secure the
Temporary/Special Permit from Board subject to approval by the PRC.
DOLE upon compliance with the qualifications required and receipt of a
copy of the said Temporary/Special Permit – shall issue the employment
permit.
3.0 In the absence of a bilateral agreement, the foreign national shall
submit documentary proof or evidence allowing Filipino architects to
practice the profession in their home country without any limitation.
4.0 Technology transfer and/or specialization must be identified and
substantiated consistent with his expertise.
1. After which, by the 1st of January, 2045, the foreign architect’s
allowed work scope shall include only schematic design and
thereafter the foreign architect’s role shall be consultative and
advisory only, reviewing the output of the architect-of-record; and
2. By the 1st of January, 2045, any extension of the foreign architect’s
work scope beyond schematic design shall require the Board’s
approval based on the project proponent’s justification that the
foreign consultant’s expertise or level of expertise is not available in
the Philippines;
B.
The project proponent shall always engage the architect-of-record
simultaneous with that of the foreign architect, and both firms shall work
concurrently;
C.
In the interest of technology transfer, the project proponent shall
organize one seminar or workshop by the foreign architect for every year
that the foreign architect is engaged, allowing the attendance of local
architects, engineers, and architectural and engineering students beyond
those engaged in the project; and include such condition in the service
agreement with the foreign architect;
D.
Whenever the foreign architect is engaged to perform only
schematic design, the project proponent shall recognize and validate the
Filipino architect's role by requiring as part of the service agreement with
the foreign architect that the Filipino architect-of-record shall be
acknowledged in all public events and sales, marketing, and press materials
promoting the project, whether prepared or published locally or abroad;
E.
The foreign and Filipino architects working jointly on a project shall
be responsible for public utilities and taxes due to the Philippine
government, relative to their participation in or professional services
rendered to the project. Similarly, all documentation expenses and residual
earnings incurred in the shared project shall also be borne equitably by
both.
F.
All work of the foreign architect shall be done outside of the
Philippines except for occasional meetings and site visits; otherwise, the
foreign firm will
need to register as a Philippine business and shall abide by local business
laws and taxes;
G.
The foreign architect shall be deemed as practicing architecture in
the Philippines, whether the contract for professional services or any of the
services are consummated in the Philippines or a foreign country;
H.
The foreign national or firm shall conduct himself, herself, or itself in
full accordance with the valid treaties, international agreements, or mutual
arrangements the Philippines has entered into, which allows the foreign
architect access to the Philippine market;
5.0 A Filipino counterpart shall be the architect-of-record, with his duties,
functions and responsibilities duly defined in a covering agreement.
6.0 Advertisements and billboards for marketing/promotion purposes shall
prominently display the name of the architect-of-record. Failure to comply
shall be subject to penalties in accordance with the rules promulgated by
PRC.
7.0 Upon issuance of the temporary/special permit, the foreign national
may become member of the United Architects of the Philippines, Inc.
subject to the rules and procedures of UAP membership.
SECTION 39. Liability Insurance of a Person or Entity Allowed to Practice
under a Temporary/Special Permit.
SECTION 39. Liability Insurance of a Person or Entity Allowed to Practice
under a Temporary/Special Permit.
Foreign nationals, including former Filipinos wanting to engage in the
general practice of architecture as defined in Section 3 (c) of this Act must
secure locally their professional liability insurance or malpractice insurance
or their acceptable equivalent in bond form commensurate with the nature
and magnitude of their project involvement and their compensation the
implementing rules and regulations for such a requirement for practice shall
be implemented by the Board in consultation with the integrated and
accredited professional organization of architects within six (6) months from
the effectivity of this Act.
Foreign nationals, including former Filipinos wanting to engage in the
general practice of architecture as defined in Section 3 (c) of R.A. No. 9266
must secure locally their professional liability insurance or malpractice
insurance or their acceptable equivalent in bond form commensurate with
the nature and magnitude of their project involvement and their
compensation the implementing rules and regulations for such a
requirement for practice shall be implemented by the Board in consultation
with the integrated and accredited professional organization of architects
within six (6) months from the effectivity of R.A. No. 9266.
I.
The foreign national or firm is legally qualified to practice
architecture in his or her country, and his or her expertise is advantageous
to our country, particularly concerning technology transfer and
specialization;
J.
The agencies, organizations, or individuals, whether public or
private, who commission the foreign architect shall first secure the approval
of the Department of Foreign Affairs and the Department of Trade and
Industry for his or her registration application and credentials before the
Board shall act on the application; and said the agency, organization, or
individual should be responsible for securing the registration of the foreign
architect from the Commission and the Department of Labor and
Employment (DOLE), according to the Commission's and DOLE's rules;
SECTION 43. Professional Liability Insurance of a Person or Entity
Registered by the Board.
A.
Foreign nationals, including former Filipinos wanting to engage in
the general practice of architecture, must secure their professional liability
insurance, malpractice insurance, or their acceptable equivalent in bond
form from local insurance providers, commensurate with the nature and
magnitude of their project involvement and their compensation. In
consultation with the IAPOA, the Board shall implement rules and
regulations for such requirement for practice within nine (9) months from
the effectivity of this Act.
Professional liability insurance is a pass-on cost solely for the beneficiary's
account, usually the building owner. It is to be renewed annually for a
maximum period of fifteen (15) years reckoned from commencement of
building occupancy, at the beneficiary's behest, again for the beneficiary's
sole account.
B.
The Board may, with the approval of the Commission, make rules
requiring all or any of the following to take out and maintain insurance
against liability for breach of professional duty in the course of supplying
architectural services:
1.
2.
3.
5.
6.
Any partnership consisting wholly of registered architects;
Any partnership or corporation applying for a license;
Any registered architect applying for a Professional
Identification Card or practicing license to engage in the
practice of architecture on his account;
Any registered architect applying for a PIC or practicing license
employed or about to be employed by Subsection 43. B. 1, 2,
and 3 above; and
Any other registered architect applying for a PIC or practicing
license.
C.
The Board may, with the approval of the Commission, prescribe the
terms and conditions of insurance against professional liability under this
Act or rules, including a minimum limit of indemnity.
SECTION 44. Conflict of Interest.
Professional architects, civil engineers, environmental planners, landscape
architects, and interior designers shall avoid all conflicts of interest with a
client or employer.
1. If a conflict of interest is unavoidable, the professional architect,
civil engineer, environmental planner, landscape architect and
interior designer shall immediately inform the client or employer of
any business association, interest, or circumstance which may
influence his or her professional judgment, decisions, practices, or
quality of services.
2. Professional architects, civil engineers, environmental planners,
landscape architects, and interior designers may not solicit or
accept any gratuity, material favor, or benefit of any substantial
nature from any party, agent, servant, or employee who is not a
client or employer in connection with any project for which the
professional is performing, or has contracted to perform
professional services. This solicitation or acceptance includes, but is
not limited to, any act, article, money, or other item which is of such
value in proportion to the professional services that its acceptance
creates a clandestine obligation on the part of the professional or
otherwise compromises the ability of the registered architect, civil
engineer, environmental planner, landscape architect, or interior
designer to exercise independent judgment.
3. Notwithstanding subsection (2), professional architects, civil
engineers, environmental planners, landscape architects, and
interior designers may receive a fee or commission for the sale or
the supervision of installation of property or fixtures, but may not
receive both a fee and a commission without the express consent of
the client.
4. Members of the Regulatory Boards of Architecture, Civil
Engineering, Environmental Planning, Landscape Architecture, and
Interior Design shall not have any pecuniary interest in or be
associated with any review center or any group giving review classes
in preparation for the licensure examination while serving on the
Board until for one year after leaving their post.
ARTICLE V FINAL PROVISIONS
RULE V FINAL PROVISIONS
ARTICLE V INTEGRATION OF THE ARCHITECTURE
PROFESSION
SECTION 40. Integration of the Architecture Profession.
SECTION 40. Integration of the Architecture Profession.
SECTION 45. Integration of the Architecture Profession.
The Architecture profession shall be integrated into one (1) national
organization which shall be accredited by the Board, subject to the approval
by the Commission, as the integrated and accredited professional
organization of architects: Provided, however, That such an organization
shall be registered with the Securities and Exchange Commission, as a nonprofit, non-stock corporation to governed by by-laws providing for a
democratic election of its officials. An architect duly registered with the
Board shall automatically become member of the integrated and accredited
professional organization of architects and shall receive the benefits and
privileges provided for in this Act upon payment of the required fees and
dues. Membership in the integrated and accredited professional
organization of architects shall not be a bar to membership in other
associations of architects.
The Architecture profession shall be integrated into one (1) national
organization which shall be accredited by the Board, subject to the
approval by the Commission, as the integrated and accredited professional
organization of architects: Provided, however, That such an organization
shall be registered with the Securities and Exchange Commission, as a nonprofit, non-stock corporation to be governed by by-laws providing for a
democratic election of its officials. An architect duly registered with the
Board shall automatically become a member of the integrated and
accredited professional organization of architects and shall receive the
benefits and privileges provided for in R.A. 9266 upon payment of the
required fees and dues. Membership in the integrated and accredited
professional organization of architects shall not be a bar to membership in
other associations of architects.
The architecture profession shall be served and represented by one national
organization accredited by the Board, subject to the approval by the
Commission, as the Integrated and Accredited Professional Organization of
Architects (IAPOA), provided that:
Pursuant to Board Resolution No. 3, Series of 2004, the United Architects of
the Philippines, Inc. is the existing integrated and accredited professional
organization of registered architects, duly accredited by the Board subject
to approval by the Commission and registered with the Securities and
Exchange Commission (SEC) as a non-profit, non-stock corporation
governed by Bylaws providing for a democratic election of its officials
1.a. An architect duly registered with the PRC shall automatically become a
member of the UAP and shall receive the benefits and privileges provided
for and described in its by-laws upon payment of required fees and dues.
The UAP shall keep an updated official registry of its bonafide members
indicating membership and annual dues official receipt number.
1.b. Bona fide members of the UAP practicing the architectural profession
shall be required to provide their official IAPOA membership number and
receipt number together with their PRC registration number and
professional tax receipt (PTR) on official documents prepared by them for
purposes of obtaining governmental regulatory permits and licenses.
1.c. The functions, duties and responsibilities of the UAP as the IAPOA shall
be the following:
A.
The IAPOA, being a creation of law, shall be a quasi-public entity
whose use of the monies, funds, and assets it collects or generates shall be
subject to audit by the Commission on Audit;
B.
Within three (3) months of the effectivity of this Act, the
organization serving as the IAPOA under R.A. 9266 shall post on its website
and submit to the Board of Architecture a financial report with supporting
documents accounting for the total IAPOA fees it has collected and all the
transactions, purchases, investments, and agreements it made as the IAPOA
since the effectivity of this Act; The financial report shall include an income
statement, balance sheet, and cash flow statement with a summary of
figures;
C.
Within three months (3) months and seven (7) days of the
effectivity of this Act, the accreditation of the organization appointed as the
IAPOA under R.A. 9266 shall be revoked to allow for the creation and
accreditation of a reconstituted IAPOA. Upon the revocation of its
accreditation, the organization shall no longer be allowed to impose or
collect IAPOA fees and it shall turn over all the monies it generated from
IAPOA fees since the effectivity of this Act to the IAPOA created under this
Act;
D.
The IAPOA created under this Act shall be—
1. Registered with the Securities and Exchange Commission (SEC) as a
non-profit, non-stock corporation governed by bylaws in full
accordance with the spirit and letter of this Act and providing for
the democratic election of its officials;
2. Composed of associations of professional architects, each registered
with the SEC;
a) Nominations to the vacancy of positions to the BOA;
b) Responsibility of preparing a program of CPD;
c) Endorsement of the practice of foreign nationals to be issued
temporary/special permit;
d) Recommendation of compliance with liability insurance under a
temporary/special permit;
e) Monitoring compliance and endorsing to/or filing a complaint with the
E.
The number of seats in the IAPOA board of directors shall be limited
to fifteen (15), and the architecture associations with minimum
membership of fifty (50) living registered architects as of the effectivity of
this Act shall be automatically assigned one (1) board seat in the IAPOA;
F.
For the umbrella organization to be accredited by the Board of
Architecture as the Integrated and Accredited Professional Organization of
Architects—
1. It shall prepare its bylaws following its mandate as stated herein
Board and/or Commission for violation of the R.A. No. 9266, this IRR, Code
of Ethics, Standards of Professional Practice and other policies of the Board
and of the Commission and with other agencies for violation of other
relevant laws, regulations and the like; and
and submit the same for the Board of Architecture’s inspection and
approval;
2. The total collective membership of its architecture associationsmembers must represent at least a majority or more than fifty
percent (50%) of living registered Filipino architects without repeatcounting registered architects who have membership in multiple
organizations; and
f) Some other functions, duties and responsibility as may be prescribed by
the BOA from time to time.
3. The total collective membership of its architecture associationsmembers must demonstrate a fair representation of living
registered architects from the Luzon, Visayas, and Mindanao
regions, with no less than eighteen percent (18%) of total
membership based outside of the National Capital Region in Luzon,
no less than eighteen percent (18%) based in the Visayas, and no
less than eighteen percent (18%) based in Mindanao; or a plan of
action to achieve such representation within twenty-four (24)
months of its accreditation;
G.
No changes may be made to the IAPOA’s bylaws without first
securing the Board of Architecture’s approval and furnishing the Board with
an accurate report in writing on the full particulars of the changes and the
reasons therefor;
H.
The IAPOA shall, within three (3) days of changing its membership
and board of directors, furnish the Board of Architecture an accurate report
in writing of the full particulars of the changes;
I.
The IAPOA shall be mandated to:
1. Engage and cultivate the intellectual capital of Filipino architects by
creating opportunities for the exchange of ideas, consideration,
study, and thought leadership on:
a. The art, science, and practice of architecture;
b. All questions and issues relating to the competitiveness and
advancement of the regional and global standings of the Filipino
architect;
c. Uplifting the human experience and improving productivity
through the designed and built environment; and
d. Creative innovation and collaboration with allied professions and
other creatives;
2. Survey, consult, and discuss the needs and concerns of registered
architects from each region of the country to identify appropriate
responses to the problems affecting them, always considering the
public interest, public service, the goal of advancing the global
competitiveness of registered Filipino architects, and the added
value of collaboration with allied professionals and other creatives;
3. Represent, articulate, and effectuate the views and opinions of
registered architects on architectural matters of all kinds, especially
in the areas of the academe, competitiveness of Filipino architects,
governance, regulation, and the promotion of Filipino architecture
and architects locally and internationally;
4. Improve the technical proficiency and entrepreneurial skills of
registered architects;
5. Devote funds of the IAPOA to undertake publication and research
work, including statistics on matters of interest to the profession;
6. Devote funds of the IAPOA to conduct and promote architectural
fairs, exhibitions of exemplary architectural works, competitions,
and awards with the Board, through its assigned member, sitting on
the jury of all major IAPOA-initiated competitions and awards; assist
professional architects to join prestigious local and international
competitions; and to establish or contribute to scholarships and
charitable funds for deserving persons;
7. Collaborate with and arrange for affiliation and agreements with
foreign and international associations, societies, corporations, or
other bodies relating to architectural matters, the construction
industry, and related concerns to elevate Philippine architecture
and design innovation and expose the IAPOA, its member
organizations, and the registered architects they represent to best
practices and world standards;
8. Collaborate with professional associations, AIPOs of civil
engineering, environmental planning, interior design, and landscape
architecture, and various agencies on design-related initiatives and
events;
9. Create linkages with the business sector, the educational sector,
government institutions, and the public to cultivate an informed
demand to employ and invest in excellent architecture and design;
10. Acquire and regularly disseminate among its members accurate
information on local and international issues and events relating to
and affecting the profession, as well as the IAPOA’s representations,
transactions, and undertakings conducive to the attainment of its
mandate as stated herein;
11. Submit to the Board of Architecture before June 15 every year and
make available for the general public’s perusal on the IAPOA’s
website by July 15 every year:
a. An annual census of the IAPOA’s membership with a census
of each professional organization’s members; including, as
far as practicable, information of subsections J.2 and J.3 of
this Section;
b. An annual plan of activities designed to fulfil its mandate as
stated herein, with stated objectives and proposed budget;
c. An accomplishment report of activities conducted versus
planned, and objectives met and unmet;
d. A financial report that includes an income statement,
balance sheet, and cash flow statement with a summary of
figures over the past ten years and a comparison of financial
trends from the current and previous two years; the report
shall also include details on donations received, grants
distributed, and investments, backed by official supporting
documents.
J. The Board shall suspend or revoke the IAPOA’s accreditation when:
1. The IAPOA inflates its accomplishments or enters false information
or forged evidence in its annual census, annual plans,
accomplishment report, financial report, or official supporting
documents;
2. The collective membership of its juridical members fails to account
for more than fifty percent (50%) or the majority of living Filipino
registered architects for twelve (12) consecutive months; and
3. It fails to secure membership reflecting a fair representation of
living registered architects from the Luzon, Visayas, and Mindanao
regions as prescribed in Subsection 45.G.3 within twenty-four (24)
months of accreditation, and when it is unable to maintain such
representation for twelve (12) consecutive months;
K.
The Board of Architecture shall, in consultation with the IAPOA and
with the approval of the Commission, within six (6) months of the
accreditation of the IAPOA, prescribe other terms and conditions by which
the Board may suspend or revoke the IAPOA’s accreditation, hold
wrongdoers and incompetents accountable, deter future misconduct and
abuse of power, support and promote best practices in leadership and good
governance in the IAPOA, and the terms and conditions under which a
suspended or revoked accreditation may be reinstated. In addition, the
Board shall consult or direct the IAPOA to consult other organizations or
experts on best practices in leadership and good governance as it deems
necessary.
L.
Except in the event of revocation due to the offenses or
shortcomings enumerated in Subsection 45.J, the IAPOA accreditation shall
be for a five (5)-year period, renewable thereafter every five (5) years:
1. At the end of the fourth (4th) year, the Commission shall
undertake an audit of the IAPOA performance during the
previous four years, whereby the Commission is tasked to draw
up such performance audit rules;
2. The Commission performance audit must be transmitted to the
IAPOA three (3) months before the expiry of the five-year
accreditation period, during which the IAPOA shall assess its
performance to make an undertaking to fully address all issues
and concerns raised in the performance audit within one (1) year;
3. In the event of failure by the IAPOA to satisfy its undertaking
relative to the performance audit, the Commission shall take
immediate steps to suspend the IAPOA, until further notice;
4. Should the IAPOA still fail to address the matters raised in the
performance audit within a period of eighteen (18) months after
suspension, the IAPOA accreditation by the Commission shall be
revoked for cause; and
5. As part of the process to reverse the revocation of the IAPOA
accreditation, the Commission shall hold a stakeholder
conference to ascertain other steps to be taken, that may include
considerations of reorganizing the IAPOA as necessary.
In consultation with the IAPOA and with the approval of the Commission,
the Board may revise or add to the terms mentioned above for the IAPOA
to follow the best practices of the best architectural associations in the
world.
ARTICLE VI FINAL PROVISIONS
SECTION 41. Implementing Rules and Regulations.
SECTION 41. Implementing Rules and Regulations.
Within sixty (60) days after the effectivity of this Act, the Board, subject to
the approval of the Commission and in coordination with the integrated and
accredited professional organization, shall adopt and promulgate such rules
and regulations, Code of Ethical Conduct and Standards of Professional
Practice, to carry out the provisions of this Act and which shall be effective
fifteen (15) days following their publication in the Official Gazette or in two
(2) major daily newspapers of general circulation.
Within sixty (60) days after the effectivity of R.A. No. 9266, the Board,
subject to the approval of the Commission and in coordination with
integrated and accredited professional organization, shall adopt and
promulgate such rules and regulations, Code of Ethical Conduct and
Standards of Professional Practice, to carry out the provisions of R.A. No.
9266 and which shall be effective fifteen (15) days following their
publication in the Official Gazette or in two (2) major daily newspapers of
general circulation.
SECTION 46. Stream of Regulations Not Limited to the Implementing
Rules and Regulations.
Within nine (9) months after the election of the members of the Board of
Architecture, subject to the approval of the Commission, the Board shall
adopt and promulgate the implementing rules and regulations (IRR), Code
of Ethical Conduct and Standards of Professional Practice, Architect’s
Guidelines, Manuals of Procedure, and the like, to carry out the provisions
of this Act.
Such IRR, Code of Ethical Conduct and Standards of Professional Practice
shall be effective within forty-five (45) days following their publication on
the Board’s and the Commission’s website and in the Official Gazette or two
(2) major daily newspapers of general circulation, provided that before
adopting such, the Board shall allow the IAPOA, architects, and the general
public to make representations to the Board within thirty (30) days of
publication, per Section 12.B of this Act.
SECTION 42. Appropriations.
SECTION 42. Appropriations.
The Board and the Commission shall reject provisions and revisions to the
IRR, Code of Ethical Conduct and Standards of Professional Practice, and
resolutions and regulations that lower the standards of licensure,
registration, the profession, practice, and the international competitiveness
of Filipino architects.
SECTION 47. Appropriations.
The Chairperson of the Professional Regulation Commission shall
immediately include in the Commission programs the implementation of this
Act, the funding of which shall be included in the annual General
Appropriations Act.
The Chairperson of the Professional Regulation Commission shall
immediately include in the Commission’s programs the implementation of
R.A. No. 9266, the funding of which shall be included in the annual General
Appropriations Act.
The Chairperson of the Professional Regulation Commission shall
immediately include in the Commission programs the implementation of
this Act, the funding of which shall be included in the annual General
Appropriations Act.
The amount necessary to carry out the initial implementation of R.A. No.
9266 shall be charged against the current year’s appropriations of the
Professional Regulation Commission. Thereafter, such sums as may be
necessary for the continued implementation of R.A. No. 9266 shall be
SECTION 43. Act Not Affecting Other Professionals.
included in the succeeding General Appropriations Act (GAA).
SECTION 43. Act Not Affecting Other Professionals.
This Act shall not be construed to affect or prevent the practice of any other
legally recognized profession.
R.A. No. 9266 shall not be construed to affect or prevent the practice of any This Act shall not be construed to prevent the practice of any other legally
other legally recognized profession.
recognized profession.
SECTION 44. Enforcement of the Act.
SECTION 44. Enforcement of the Act.
It shall be the primary duty of the Commission and the Board to effectively
enforce the provision of this Act. All duly constituted law enforcement
agencies and officers of national, provincial, city or municipal government or
of any political subdivision thereof, shall, upon the call or request of the
Commission or the Board, render assistance in enforcing the provisions of
this Act and to prosecute any person violating the provisions of the same.
The Secretary of Justice or his duly designated representative shall act as
legal adviser to the Commission and the Board and shall render legal
assistance as may be necessary in carrying out the provisions of this Act.
It shall be the primary duty of the Commission and the Board to effectively
enforce the provisions of R.A. No. 9266 and this “IRR of the Architecture
Act of 2004”. All duly constituted law enforcement agencies and officers of
national, provincial, city or municipal government or of any political
subdivision thereof, shall, upon the call or request of the Commission or
the Board, render assistance in enforcing the provisions of R.A. No. 9266
and this “IRR of the Architecture Act of 2004”, and to prosecute any person
violating the provisions of the same.
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.
The Board shall assist 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.
The Secretary of Justice or his duly designated representative shall act as
legal adviser to the Commission and the Board and shall render legal
assistance as may be necessary in carrying out the provisions of R.A. No.
9266 and this “IRR of the Architecture Act of 2004”.
Any person may bring before the Commission, Board or the
aforementioned officers of the law, cases of illegal practice or violations of
R.A. No. 9266 and this “IRR of the Architecture Act of 2004” committed by
any person or party.
SECTION 48. Act Not Preventing Other Professionals.
Contract administration by architects as part of design-build services by
architects shall continue to enjoy the exemption under Sec. 14 of R.A. No.
4566, the Contractor’s License Law of 1965.
SECTION 49. Enforcement of the Act.
It shall be the primary duty of the Commission and the Board to fully
enforce the provisions of this Act. All duly constituted law enforcement
agencies and officers of national, provincial, city, or municipal government
or of any political subdivision thereof shall, upon the call or request of the
Commission or the Board, render assistance in enforcing the provisions of
this Act and prosecuting any person violating the provisions of the same.
The Secretary of Justice or his duly designated representative shall act as
legal adviser to the Commission and the Board and render legal assistance
as may be necessary for carrying out the provisions of this Act.
Any person may bring before the Commission, the Board, or the officers
mentioned above cases of illegal practice or violations of this Act committed
by any person or party. As such, complaints about the criminal violation of
this Act can also be brought directly to the local prosecutor's office for
disposition.
For cases of illegal practice lodged before the Board, the Board shall assist
the Commission in the preliminary investigation and in filing the appropriate
charges through the concerned prosecution office following the law and the
Rules of Court.
The Board shall assist the Commission in filing the appropriate charges
through the concerned prosecution office in accordance with law and the
Rules of Court.
SECTION 45. Separability Clause.
SECTION 45. Separability Clause.
SECTION 50. Separability Clause.
If any clause, provision, paragraph or part hereof shall be declared
unconstitutional or invalid, such judgment shall not affect, invalidate or
impair any other part hereof, but such judgment shall be merely confined to
the clause, provision, paragraph or part directly involved in the controversy
in which such judgment has been rendered.
SECTION 46. Repealing Clause.
If, for any reason, any section or provision of the herein “IRR” or
application of such rules and regulations or provision to any person or
circumstances is declared unconstitutional or invalid, the remainder of this
“IRR of the Architecture Act of 2004”, or application of such provisions to
other persons or circumstances, shall not be affected by such declaration.
SECTION 46. Repealing Clause.
If any clause, provision, paragraph, or part of this Act shall be declared
unconstitutional or invalid, such judgment shall not affect, invalidate or
impair any other part hereof, but such judgment shall be merely confined to
the clause, provision, paragraph, or part directly involved in the controversy
in which such judgment has been rendered.
SECTION 51. Repealing Clause.
Republic Act No. 545, as amended by Republic Act No. 1581 is hereby
repealed and all other laws, orders, rules and regulations or resolutions or
part/s thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
Republic Act No. 545, as amended by Republic Act No. 9266, is hereby
repealed by re-enactment, and all other laws, orders, rules and regulations
or resolutions or parts thereof inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.
SECTION 47. Effectivity.
Any provisions of the rules, regulations, codes, orders, resolutions,
measures, and other policies or parts thereof issued and promulgated
pursuant to R.A. No. 545 (as amended by R.A. No. 1581), P.D. No. 223 (as
amended), R.A. No. 8981, and other laws which are inconsistent with this
“IRR of the Architecture Act of 2004” are hereby superseded, repealed or
amended accordingly.
SECTION 47. Effectivity.
This Act shall take effect after fifteen 15 (5) days following its publication in
the Official Gazette or in two (2) newspapers of general circulation.
The herein “IRR of the Architecture Act of 2004” shall be, upon approval by
the Commission, be effective after fifteen (15) days following its full and
This Act shall take effect after fifteen (15) days following its publication in
the Official Gazette or two (2) newspapers of general circulation.
SECTION 52. Effectivity.
complete publication in the Official Gazette or in two (2) major newspapers
of general circulation.