Prof Prac: Laws Affecting the Practice of Architecture
RA 9266 (The Architecture Act of 2004)
Repealing Clause
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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
RA 545 ay yung pinanggalingan ng RA 9266
Rule 1
Section 1
Title
This rule and regulation 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
a. The state recognizes the importance of architects in nation building and development
o Bakit mahalaga ang architects
o Karapatan, scope, di scope, at kung ano magdedefine ng pagiging arkitekto
b. 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….
o Only architects are allowed to sign architecture, pero base sa law ng engineers,
engineers are allowed to practice and sign architecture. Architecture ay under ng
engineering dati
c. Inviolable, honest, effective, and credible licensure examinations and through regulatory
measures, programs and activities that foster their professional growth and development
o Regulatory measures – sanctions
o Professional growth and development – CPD (Continuing of Professional Development)
▪ Kailangan ng 15 points para makarenew (cost thousands)
▪ 3 years validity of PRC
▪ Exemptions: 1st year of PRC, Nagaaral for master’s degree: units = points, be a
member of organizations
Section 3 Definition of Terms
a. 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
b. 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 (PRBOA) 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
o PRC > PRBOA
a. Types of Architects
i. Architect of Record (AOR) – 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 who shall assume the civil
liability for the plans, specifications and contract documents he/she has
signed and sealed (IAPOA – Integrated and Accredited Professional
Organization of Architects, UAP)
• Registered is different from licensed
• Registered – IAPOA
• Licensed – Renewal ng licenses
ii. Architect-in-Charge of Construction (AICC) – 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
• AOR and AICC can be one person
• AICC tagabantay everyday sa site
• AICC has separate sahod kada site visit
iii. 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
• Sample: Consultations with urban planners for subdivisions
• Economists as consultant
c. 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
▪ 30-50 years commitment sa plans
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. Preparation of preliminary, technical, economic and financial feasibility studies of plans,
models and project promotional services
d. Preparation of architectural plans, specifications, bill of materials, cost estimates, general
conditions and bidding documents
Acronyms and Laws
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Architecture Act of 2004 – RA 9266
BOA – Board of Architecture
CHED – Commission on Higher Education
CIAC – Construction Industry Arbitration Commission
CPD – Continuing Professional Developments
DOLE – Departments of Labor and Employment
DTI – Department of Trade and Industry
IAPOA – Integrated and Accredited Professional Organization
Intellectual Property Code of the Philippines – RA 8293
PCAB – Philippine Contractors Accreditation Board
PDCB – Philippine Domestic Construction Board
PRB – Professional Regulatory Board
PRC – Professional Regulation Commission
PRC Modernization Act of 2000 – RA 8981
SEC – Security and Exchange Commission
UAP – United Architects of the Philippines
RULE 2
Functions
Professional Regulatory Board of Architecture (PRBOA): Organization, Powers, and
Section 4
Creation and Composition of the Professional Regulatory Board
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RA 9266 Provides for the creation of PRBOA
The board is a collegial body under PRC
Board Composition (Appointed by the President of the Philippines)
1. One Chairman (5 nominees, 3 recos by IAPOA)
2. Two members (10 nominees, 3 recos by IAPOA)
Current PRBOA (Appointed by Noynoy Aquino)
1. Chairman – Ar. Robert S. Sac
2. Members – Ar. Robert M. Mirafuente (2nd member dead)
Section 5
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Qualification of Members of the PRB(OA)
Citizen and Resident of the Philippines
BS Architecture Degree
Certificate of Registration and Professional Identification Card, 10 years of active practice from
date of appointment
Not a member of faculty of any school
Former professor, at least 5 years of resignation before the nomination
Not convicted of crimes (moral turpitude)
Not and officer of IAPOA or other organizations
Section 6
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Term of Office
Board members shall hold office for 3 years or until new appointees are appointed or qualified
Any vacancy shall be filled for the unexpired term only
Each member of the board may be reappointed for 1 full term only
Under 9266
o Chairman for 3 years
o 1 member for 2 years
o 1 member for 1 year
Section 7
Powers and Functions of the Board
A. Prescribe and adopt “IRR of the Architecture Act of 2004”
- Provisions of RA 9266
B. Supervise the:
a. Registration – renewal (PRC > PRBOA)
b. Licensure – Examination, Oathtaking
c. Practice – Violations of STP (Standard Professional Practice), RA 9266, etc.
C. Administer Oathtaking
a. PRBPA
b. UAP (IAPOA)
D. Issue, suspend, revoke certificate of registration and professional ID card
E. Adopt and official seal of the board
F. Monitor conditions with the practice of architecture
G. Prescribe or adopt code of ethical conduct and STP
a. Code of ethical conduct – memorize dates, signatures, readings, hearings, and such
H. Hear and decide on violations for RA 9266, IRR of the Architecture Act of 2004, Code of Ethical
Conduct
I. Prescribe guidelines for CPD (15 points in 3 years)
J. Prepare, adopt, issue, or amend the scope of exam, consultation of the academe
K. Approve, issue, limit, or cancel permits to practice of architecture (for foreign nationals)
L. In coordination with CHED, standards, policies, and requirements
M. To adopt program for the full computerization of the licensure examinations (removing of
college or program in schools if 5 years the national passing rate is higher than the
school/academe)
N. Discharge duties and functions for enhancing the professions
Section 8
Administrative Supervision of the Board, Custodian of its Records, Secretariat, and
Support Services
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The board is under the supervision of PRC
Board exam records and paraphernalias are in custody of PRC (To avoid leakage)
The PRC shall designate a secretary of the board
Section 9
Grounds for Suspension or Removal of Members of the Board
The president of the Philippines may remove or suspend
The grounds
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Neglect of Duty or Incompetent
Violation of RA 9266, STP, Code of Ethics
Final judgement of crimes, moral turpitude
Manipulation of examination results, biases, etc
RULE 3
Examination, Registration, and Licensure
Section 12
Examination Required
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All applicants for registration must undergo licensure examination in such place or dates with
provisions of RA 8981
RA 8981 – PRC Modernization Act (the need for board exams to take place)
Section 13
Qualification of Applicant for Examination
A. Qualified from the following
a. Filipino Citizen (Sec 27, Art. IV of RA 9266)
Section 27 Reciprocity Requirements
BS Architecture Graduates can take Exams in the Philippines (Qualified)
From foreign schools/countries (granted with special permit)
In order to practice, they should have a Filipino counterpart or they are in partnership
B. Good moral character
C. BS Architecture degree holder from schools accredited by CHED
a. 2 years of diversified architectural experience
b. With masters only 1 year of D.E.A
D. 1 year of not convicted with any crime or any moral turpitude
- Not punishable by law or ordinance
Required Documents
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PSA Birth certificate
Marriage contract (if married)
College diploma
TOR – Transcript of Records > Remarks: For board exam
Accomplished diversified training (DT form 001)
ADT (DT form 002)
Architect-Mentor affidavit
Photocopy of architect-mentor’s valid professional ID card, professional tax receipt, IAPOA #
9. NBI Clearance
10. Other requirement (clearances, etc.)
Section 14
Subjects for Examination
Day 1 (Friday) – 100 items (8-12 AM)
Part 1 – HOA
Part 2 – TOA
Part 3 – Architectural Practice
Part 4 – Theory and Principles of Planning
150 Items (1-6 PM)
Part 1 – Structural Design
Part 2 – Building Materials and Methods of Construction
Part 3 – Utilities
Day 2 (Sunday) – 200 Items (8-5 PM)
Part 1 – Urban Design
Part 2 – Architectural Interiors
Section 16
Report of Ratings
To pass the exam:
GWA – 70%, no grade lower than 50%, in any subject
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The board shall submit 30 days after exam (4 days because of technology)
Upon the release, using the mailing envelope will be sent out to examinees (contains scores)
Report of rating and PRC ID will be given during the mass oathtaking
Section 17
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All successful candidates should take an oath to the board (sec 7, RA 8981)
In a government official (If cannot attend)
Section 18
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Issuance of Certificates of Registration and Professional Identification Card
Certificate of Registration and PRC ID should be issued
Validity of ID/License is 3 years (Renewal)
Section 19
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Oath
Roster of Architects
A roster of names and place of business should be issued by PRBOA for verification
Section 20
Seal, Issuance, and Use of Seal
A duly licensed architect shall affix the seal (dryseal) 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 (architectural plans, tech specs, BOM/BOQ) prepared by or under his/her
direct 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 stamped with said seal during the life of the
registrants certificate, and it shall be unlawful for anyone 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 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 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
(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
(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 of 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 R.A. No. 9266 together with his/her professional identification card number
and the date of its expiration. PRC ID (3 copies, 3 times signature, 3 seal)
Section 21
Tax Receipt
Indication of Certificate of Registration/Professional Identification Card and Professional
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
Section 22
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:
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Has falsely sworn or misrepresented himself/herself in his/her application for examination
Is convicted by a court of component jurisdiction of a criminal offence involving moral turpitude
or guilty of immoral and dishonorable conduct
Is 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
Section 23
Suspension and Revocation of Certificates of Registration, Professional Identification
Card or the Special/Temporary Permit
The board shall have the power, upon notice and hearing, to suspend or revoke the validity of a
certificate of registration/professional identification card
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For the use of or perpetuation of any fraud
Such action of the Board shall be subjected to appeal to the PRC whose decision shall be final if he/she:
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Has signed and affixed or permitted to be signed or affixed with his name or seal on
architectural plans not prepared by him/her or not executed under his/her immediate
supervision
Has paid money except the regular fees provided for to secure a certificate of registration
Has falsely impersonated a practitioner, or former practitioner or has practiced under an
assumed, fictitious, or corporate name other than that of the registered
Has aided or abetted in the practice of architecture of any person not duly authorized to
practice architecture in the Philippines
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
allow himself/herself to be exploited by undertaking architectural services without a valid
service agreement, both acts being prejudicial to other architects
Has violated any provision of R.A. No. 9266, its implementing rules and regulations, the Code of
Ethical Conduct and Standards of Professional Practice
Note:
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Any person, firm or association, may prepare charges in accordance with the provisions of
this section against any registrant
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
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
Rule 4
Practice of Architecture
Section 25
Registration of Architects Required
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No one can practice architecture unless complied with RA 9266 (Explained in Section 13)
Cannot use a title “Architect” it does not comply RA 9266
o With penalty/sanctions
Not required to advertised (social media)
o Yourself as an architect
Foreign architects not authorized to practice in the Philippines should acquire a
special/temporary permit
o Criminally liable under IRR of RA 9266
Section 26
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Vested Rights. Architects Registered when this Law is Passed
Architects before the bills was passed may still be referred to as architect (even without PRC ID)
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Section 27
Examples:
▪ Juan Arellano
▪ Tomas Mapua
Reciprocity Requirements
*Discussed in Section 13
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Required that foreign country should also allow the Filipinos to take/acquire exams in their
country (under ASEAN integration)
o To practice – NO
o To take licensure – NO
Section 28
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Continuing Professional Development (Accredited by IAPOA)
Masteral and Doctorate (section 2)
Webinars, etc.
Other events
Section 29
Prohibition in the Practice of Architecture and Penal Clause
Guilty of the Following
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Unregistered or not licensed but practicing architecture
Using others’ ID, sign, seal
Forging of required documents in section 13
Impersonation professionals
Government employees
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Employees that are not registered and licensed should not practice architecture
Penalized by section 29 of RA 9266
Public Officials
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Instruct someone who is not a registered or licensed to practice (both liable to section 30)
Section 30
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Guilty of misdemeanor under RA 9266
Fine of Php 200,000
Not exceeding imprisonment of 6 years
If no contract, punishable by law
Section 31
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Prohibition in the Practice of Architecture
Liability of Representative of non-registered persons
Practicing Architecture without license/registration
o As instructed by individuals/companies
Section 32
Signing and Sealing of Architectural Design/Plans, Specifications, Architectural Permit
and other Contract Documents
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Representative who is not licensed and registered
Could be deemed guilty of RA 9266
Solicitation of Architectural Work
Architects not allowed to sign and seal the work of unlicensed and unregistered (and other
person) or continuing others’ work (signing and sealing refer to section 20)
Architect who signed and sealed (AOR) is liable of 15 years under article 1723 of the civil code
o Signature
o Official Seal
o PTR (Tax)
o PRC Reg. #
o IAPOA Membership
o Official Receipt
o Other Docs
Civil liability is only for architectural works
o Architectural Plans = Architectural Works
o Electrical Damages > Electrical Engineer