Republic Act 9266 and 545

8/3/2019 Republic Act 9266 and 545

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REPUBLIC ACT NO. 545AN ACT TO REGULATE THE PRACTICE OF ARCHITECTURE IN THE PHILIPPINESARTICLE IOrganization

Section 1. Creation and composition of a Board of Examiners for Architects. Within thirty days after the approval of this Act, thereshall be created a Board of Examiners for Architects to be composed of a chairman and two members to be appointed by the Secretary of

Public Works and Communications.

Section 2. Powers vested in Board. The Board of Examiners for Architects shall administer the provisions of this Act; issue,suspend or revoke certificates of registration for the practice of architecture; and administer oaths in connection with such certificates ofregistration.

In carrying into effect the provisions of this Act, the Board may, under the hand of its chairman and the seal of the Board, subpoenawitnesses, compel their attendance, and require the production of books, documents, and similar evidence in a case involving violationof any of the provisions of this Act. Any member of the Board may administer oaths or affirmations to witnesses appearing before it. Ifany person shall refuse to obey any subpoena so issued, or shall refuse to testify or produce any book, document, etc., the Board maypresent its petition to the Court of First Instance, setting forth the facts, and thereupon such court shall, in a proper case, issue itssubpoena to such person, requiring his appearance before such court and there to testify or produce such books, papers, documents, etc.,as may be deemed necessary and pertinent by the Board. Any person failing or refusing to obey the subpoena or order of the said courtmay be proceeded against in the same manner as for refusal to obey any other subpoena or order of the court.

The Board shall, from time to time, look into conditions affecting the practice of architecture in the Philippines and, whenever

necessary, recommend to the Secretary of Public Works and Communications the adoption of such measures as may be deemed properfor the maintenance of good ethics and standards in the practice of architecture in the Philippines and for the protection of publicwelfare, life, health, and property.

Section 3. Qualifications of Board members. Each member of the Board shall, at the time of his appointment:

(1) Be a citizen of the Philippines and a resident thereof;

(2) Hold the degree of B. S. Arch., B. in Arch., M. S. Arch., M. in Arch., or the equivalent thereof conferred by an architectural schoolor college legally chartered and of good standing;

(3) Be legally qualified to practice architecture for at least ten years and actually in active practice on the date of his appointment;

(4) Not be a member of the faculty of any school, college or university where a regular course in architecture is taught, nor havepecuniary interest in such institution. No former member of the faculty of any school, institute or university where architecture istaught can become a member of the board unless he had stopped teaching for at least three consecutive years.

Section 4. Terms of office. The members of the Board shall hold office for a term of three years after appointment or until theirsuccessors shall have been appointed and shall have duly qualified. The members of the Board first appointed under this Act shall holdoffice for the following terms: One member for one year; one member for two years; and one member for three years. Each member ofthe Board shall qualify by taking the proper oath prior to entering upon the performance of his duties.

Section 5. Executive officer of the Board. The Commissioner of Civil Service shall be the executive officer of the Board, and shallconduct the examinations given by the Board and shall designate any subordinate officer of the Bureau of Civil Service to act asSecretary of the Board. All records and minutes of the Board, including all examination papers, shall be kept by the Bureau of CivilService.

Section 6. Vacancy and removal of Board members. Any vacancy occurring in the membership of said Board before the expiration ofthe term of office of the member separated therefrom shall be filled for the unexpired term by appointment by the Secretary of PublicWorks and Communications. The Secretary of Public Works and Communications may remove any member of the Board for continuedneglect of duty or incompetency, or for unprofessional or dishonorable conduct, after having given the member concerned an opportunityto defend himself in the proper administrative investigation.

Section 7. Compensation of Board. The members of the Board shall each receive as compensation the sum of five pesos for eachapplicant examined or registered. Any architect in the service of the Government of the Republic appointed as members of the Boardshall receive the compensation herein provided, in addition to his salary. All fees shall be received by the disbursing officer of theBureau of Civil Service, and such officer shall pay all authorized expenditures of the Board, including the compensation provided for bythis Act for the members of the Board.

Section 8. Rules and regulations. The Board may, with the approval of the Secretary of Public Works and Communications, adoptsuch rules and regulations as may be necessary to carry out the provisions of this Act into effect. Penal provisions may be included insaid regulations, the violation of which shall be punishable by a fine of not less than five hundred pesos nor more than one thousandpesos or by imprisonment for not less than six months, nor more than one year, or both, in the discretion of the Court.

Section 9. Annual report. The Board shall submit an annual report to the Secretary of Public Works and Communications after theclose of each fiscal year giving a detailed account of its proceedings during the year and making such recommendations as it may deemproper.

Section 10. Roster of architects. A roster showing the names and place of business of all registered professional architects shall beprepared by the Commissioner of Civil Service during the month of July of every year, commencing one year after the date this Actbecomes effective. Copies of this roster shall be mailed to each person so registered and placed on file with the Secretary of PublicWorks and Communications and, copies thereof shall be furnished to all department heads, to the mayors of all chartered cities, to theDirector of Public Works, to the Collector of Customs, to such other Bureaus or government agencies and provincial and municipalauthorities as may be deemed necessary and to the public upon request.

ARTICLE IIRegistration and Examination


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Section 11. Certificate and registration. Wherever the provisions and requirements for registration under the provisions of this Acthave been fully complied with and fulfilled by an applicant, the Board shall issue a certificate of registration of said successful applicantas registered architect. Said certificate shall authorize the person to whom it is issued to practice architecture in this country, subject tothe provisions of this Act and the Rules and Regulations of the Board.

Section 12. Registration of architects required. In order to safeguard life, health and property, no person shall practice architecturein this country, or engage in preparing plans, specifications or preliminary data for the erection or alteration of any building locatedwithin the boundaries of this country, except in this last case when he is a duly registered civil engineer, or use the title "Architect", or

display or use any title, sign, card, advertisement, or other device to indicate that such person practices or offers to practicearchitecture, or is an architect, unless such person shall have secured from the examining body a certificate of registration in themanner hereinafter provided, and shall thereafter comply with the provisions of the laws of the Philippines governing the registrationand licensing of architects.

Section 13. Inhibition against the practice of architecture. Unless exempt from registration, no person shall practice or offer topractice architecture in the Philippines without having previously obtained a certificate of registration from the Board of Examiners for

Architects.

It shall be unlawful for any architect, or any person practicing architecture, to seek to avoid the provisions of this Act by the use of anyother than the title "Architect", and no such persons shall practice or offer to practice architecture in this country, or present themselvesas qualified for such practice, unless and until they have qualified and been registered as provided in this Act.

Section 14. Definition of terms. (A) An architect defined. An architect is: A person who is technically and legally qualified topractice architecture.

(B) Who may be known as an architect or practice architecture.

Only those who have qualified and received a certificate ofregistration issued by the Board shall be permitted to practice architecture within the Republic of the Philippines, or to use the title of"Architect" or any words, letters, figures, signs, cards, or other means to indicate that the one using them is an architect, or to advertiseor indicate in any manner whatever that they are qualified to perform the work of an architect.

(C) General practice of architecture. The practice of architecture is hereby defined to be: The act of planning, architectural andstructural designing, specifying, supervising, and giving general administration and responsible direction to the erection, enlargementor alterations of buildings and architectural design of engineering structures or any part thereof, the scientific, aesthetic and orderlycoordination of all the processes which enter into the production of a complete building or structure performed through the medium ofunbiased preliminary studies of plans, consultations, specifications, conferences, evaluations, investigations, contract documents andoral advice and directions regardless of whether the persons engaged in such practice are residents of the Philippines or have theirprincipal office or place of business in this or another country, and regardless of whether such persons are performing one or all of theseduties, or whether such duties are performed in person or as the directing head of an office or organization performing them.

(D) Authorship defined. The author or authors of a set of plans or specifications are those in responsible charge of theirpreparation, whether made by them personally or under their immediate supervision.

Section 15. Architects registered when this law is passed. All architects registered at the time this law takes effect shallautomatically be registered under the provisions hereof, subject, however, to the provisions herein set forth as to future requirements.

Certificates of registration held by such persons in good standing shall have the same force and effect as though issued after thepassage of this Act.

Section 16. Exemption from registration. 1. Any person residing in the Philippines may make plans and specifications for any of thefollowing:

(a) Any building in chartered cities or in municipalities with building ordinances, not exceeding the space requirement specifiedtherein, as requiring the services of an architect.

(b) Any building enlargement or alteration which is to be used for farm purpose only and costing not more than ten thousand pesos.

(c) Provided, however, That nothing herein contained shall prevent any person from designing or directing the designing of buildingsthat are to be constructed for his own personal use or for that of his family, unless such buildings are intended for public employment,assembly or other occupancy by the public, in which case an architect shall be employed for the purpose: And provided, further, Thatsuch person does not use the title architect or any title derived therefrom.

2. Nor shall anything in this Act prevent draftsmen, students, clerks-of-work, superintendents and other employees of those lawfullyengaged in the practice of architecture under the provisions of this Act, from acting under the instruction, control or supervision of theiremployer.

3. Nor shall anything in this Act prevent professional civil, mechanical, electrical, mining and chemical engineers duly licensed orregistered to practice their profession: Provided, however, Such persons do not use the designation "Architect".

4. Nor shall anything in this Act prevent persons, who prior to the approval of this Act, have been lawfully engaged in the practice of"Maestro de Obras" to continue as such, provided they shall not undertake the making of plans and supervision for the following classesof work:

(a) Building of concrete whether reinforced or not.

(b) Building of more than two storeys.

(c) Building with frames of structural steel.

(d) Building of structures intended for public gathering or assemblies such as theaters, cinematographs, stadia, churches, or thestructures of like nature.


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5. Officers and enlisted men of the Armed Forces of the United States and the Philippines, and civilian officials and employees of theGovernment of the United States stationed in the Philippines, while engaged in the practice of architecture for the United States and/orthe Philippines.

6. Architects employed by or under contract with the Government as experts, advisers or consultants, shall be given temporary licenseafter submitting the necessary credentials and subject to the approval of the Board, for a period not to exceed six months, subject torenewals for a like period until his contract with the Government expires. Architects, shall not be allowed, if licensed in such capacity,to dedicate themselves to the private practice of architecture nor charge fees for services rendered except those received from the

Government.

Section 17. Examination required. Except as otherwise specifically allowed, all applicants for registration for the practice ofarchitecture shall be required to undergo a technical examination as provided in this Act.

Section 18. Qualifications of applicants for examination.Any person applying for examination and for a certificate of registration asarchitect shall, prior to admission to examination, establish to the satisfaction of the Board:

(a) That he is at least twenty-one years of age;

(b) That he is of good reputation and moral character;

(c) That he has completed the high school course or its equivalent;

(d) That he is a graduate of a four year course in architecture or its equivalent of a school, college, academy, or institute dulyrecognized by the Government and in addition has a specific record of at least two years of diversified experience as architectural

draftsman, clerk-of-work, specification writer or superintendent: Provided, however, That an applicant holding a Master's degree inArchitecture from a school, college university or institute recognized by the Government or the state in which it is established, shall becredited one year in his practical experience.

Section 19. Fraudulent applications. The Board may refuse to renew, or may suspend or revoke, any certificate of registrationobtained by false swearing or any misrepresentations made in applying for registration or examination and may refuse to renew orgrant registration to any applicant whose application contains such false evidence or information.

Section 20. Holding of examination.Examination for candidates desiring to practice architecture in the Philippines, shall be giventwice a year in the City of Manila and other places where conditions may warrant, on the second Mondays, Tuesdays, and Wednesdaysof January and July, provided such days do not fall on a holiday, in which case the working day following will be the day ofexamination. Written or printed notice of such examination shall be mailed to each applicant who has filed his name and address withthe Secretary of the Board, at least thirty days prior to the first day of examination.

Section 21. Subjects of examination.The subjects in which applicants for architect's certificate shall be examined are:

(1) Architectural Design.

(2) History and Theory of Architecture.

(3) Architectural Engineering:

(a) Structural Design.

(b) Mechanical and Electrical equipment.

(c) Plumbing.

(4) Architectural Practice and Materials:

(a) Building Laws, legal and ethical knowledge and responsibilities.

(b) Business and professional functions of the architect.

(c) Specifications.

(5) Building Materials and Methods of Construction.

Section 22. Report of ratings. The Board of Examiners for Architects shall, within one hundred and twenty days after the date ofcompletion of the examination, report the rating obtained by each candidate to the Commissioner of Civil Service, who shall submitsuch ratings to the Secretary of Public Works and Communications for approval.

Section 23. Reexamination. An applicant who for the third time fails to pass the examination for the same grade shall not beallowed to take another until at least one year has elapsed after his last examination.

Section 24. Issuance of certificates. The Secretary of Public Works and Communications shall, upon recommendation of the Board,issue a certificate of registration upon payment of the registration fee as provided in this Act to any applicant who, in the opinion of the

Board and after approval by the Secretary of Public Works and Communications, has satisfactorily met all the requirements specified inthis Act.

All certificates of registration shall show the full name of the registrant, shall have a serial number, and shall be signed by all themembers of the Board, the Secretary of Public Works and Communications and the Commissioner of Civil Service, and shall be attestedby the official seal of the same Board.

The issuance of a certificate of registration by the Board to a registrant shall be evidence that the person named therein is entitled to allthe rights and privileges of a registered architect, while said certificate remains unrevoked and unsuspended.


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Section 25. Seal and use of seal. (1) Each registrant hereunder shall, upon registration, obtain a seal of such design as theexamining body shall authorize and direct. Plans and specifications prepared by, or under the direct supervision of a registeredarchitect shall be stamped with said seal during the life of the registrant's certificate, and it shall be unlawful for any one to stamp orseal any documents with said seal after the certificate of the registrant named thereon has expired or has been revoked, unless saidcertificate shall have been renewed or reissued.

(2) No officer or employee of this Republic, chartered cities, provinces and municipalities, now or hereafter charged with theenforcement of laws, ordinances or regulations relating to the construction or alteration of buildings, shall accept or approve any plans

or specifications which have not been prepared and submitted in full accord with all the provisions of this Act. Nor shall any paymentbe approved by any such officer for any work, the plans and specifications for which have not been so prepared and signed and sealed bythe author.

(3) Signing of plans, specifications and other documents. It shall be unlawful for any architect to sign his name, affix his seal, oruse any other method of signature on plans, specifications or other documents made under another architect's supervision, unless thesame is made in such manner as to clearly indicate the part or parts of such work actually performed by the former; and it shall beunlawful for any person, except the architect in charge, to sign for any branch of the work, or any function or architectural practice, notactually performed by him. The architect in charge, shall be fully responsible for all plans, specifications, and other documents issuedunder his seal or authorized signature.

The Board shall make all necessary rules and regulations relating to signing and sealing of drawings, specifications, reports, and otherdocuments registered by architects.

(4) Drawings and specifications duly signed, stamped or sealed, as instruments of service, are the property and documents of thearchitect, whether the object for which they are made is executed or not. It shall be unlawful for any person, without the written

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 forother projects or buildings, whether executed partly or in whole.

Section 26. Fees for examination and registration. For the purpose of defraying the expenses of said Board for carrying out theprovisions of this Act, the following fees shall be paid to the Secretary of the Board:

(A) By an applicant to an examination, forty pesos.

(B) By an applicant for a Certificate of Registration as a registered architect, ten pesos.

(C) By an applicant for reinstatement or restoration of registration that has been voluntarily surrendered, revoked or suspended, orfor replacement of lost certificate, ten pesos.

All of the above fees shall accompany the application, and no part of said fee shall be refunded.

Section 27. Refusal to issue certificate. The Board of Examiners for Architects shall refuse to issue or renew a certificate ofregistration to any person convicted by a court of competent jurisdiction of any criminal offense involving moral turpitude or to anyperson guilty of immoral or dishonorable conduct or to any person of unsound mind. In the event of refusal to issue certificates for anyreason, the Board shall give the applicant a written statement setting forth the reasons for such action, which statement shall beincorporated in the record of the Board.

Section 28. Suspension and revocation of certificates. The Board shall have the power, upon notice and hearing, to suspend andrevoke any certificate of registration of any registrant for any cause specified in the preceding section, of for the use or perpetration ofany fraud or deceit in obtaining a certificate of registration, or for gross negligence or incompetency or for unprofessional ordishonorable conduct: Provided, however, That such action of the Board shall be subject to appeal to the Secretary of Public Works andCommunications whose decision shall be final.

It shall be sufficient ground for the revocation of a certificate issued to a person under this Act for unprofessional or dishonorableconduct, if:

(A) He has signed, and affixed or permitted to be signed or affixed his name or seal on any plans, designs, specifications, drawings,technical reports, valuation, estimate, or other similar documents or work not prepared by him, or not executed under his immediatesupervision; 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 a like or different name, or has practiced under an assumed,fictitious or corporate name other than that of the registered;

(D) Hasded or abetted in the practice of architecture any person not duly authorized to practice architecture in the Philippines.

Any person, firm, or association, may prefer charges in accordance with the provisions of this section against any registrant, or theBureau may motu proprio investigate and/or take cognizance of acts and practices constituting sufficient cause for suspension orrevocation of the certificate of registration by proper resolution or order. Such charges shall be in writing and shall be sworn to by theperson making them and shall be filed with the secretary of the Board.

Section 29. Reissue of revoked or suspended certificates and replacement of lost certificates. The Board may, after the expiration of

one year from the date of revocation or suspension of a certificate for reasons it may deem sufficient, entertain an application for a newcertificate of registration from a person whose certificate has been revoked or suspended, and, in doing so it may, in his discretion,exempt the applicant from the necessity of undergoing an examination. It may also replace certificates which have been lost.

ARTICLE IIISundry Provisions Relative to the Practice of ArchitectureSection 30. Prohibitions in the practice of architecture. Any person who shall practice or offer to practice architecture in thePhilippines without being registered or exempted from registration in accordance with the provisions of this Act, or any personpresenting or attempting to use as his own the certificate of registration or seal of another, or any person who shall give any false orforged evidence of any kind to the Board or to any member thereof in obtaining a certificate of registration, or any person who shall


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falsely impersonate any registrant of like or different name, or any person who shall attempt to use a revoked or suspended certificateof registration, or any person who shall use in connection with his name or otherwise assume, use or advertise any title or descriptiontending to convey the impression that he is an architect when he is not an architect, or any person who shall violate any of theprovisions of this Act, shall be guilty of misdemeanor and shall, upon conviction, be sentenced to a fine of not less than five hundredpesos nor more than one thousand pesos or to suffer imprisonment for a period not exceeding three months, or both, in the discretion ofthe Court.

Section 31. Non-registered persons shall not claim equivalent service. Persons not registered in the Republic of the Philippines as

architects shall not claim nor represent either services or work as equivalent to those of a duly qualified registered architect, or thatthey are qualified for any branch or function of architectural practice, even though no form of the title "Architect" is used.

Section 32. Liability of representatives of non-registered persons. It shall be hereafter unlawful for any person or firm orcorporation 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; otherwise, both those represented and the representative,the employer and the employee shall be deemed guilty of violation of this Act. Solicitation of architectural work shall be construed asoffering to practice architectural and it shall be unlawful for any but registered architects to do so.

Section 33. Collection of professional fees. It shall be unlawful for any unregistered person to collect a fee for architectural servicesexcept as an employee collecting a fee as representative of a Registered Architect.

Section 34. Corporations cannot register. The practice of architecture is a professional service, admission to which shall bedetermined upon the basis of individual, personal qualifications. No firm, company, partnership, association or corporation may beregistered or licensed as such for the practice of architecture, but this section shall not be construed as preventing such combinations ofindividual persons from using the term "Architect": Provided, That each member of the partnership, firm or association is properly

registered and licensed. Individual members of a partnership are responsible for his own act.

Section 35. Reciprocity requirements. No person who is not a citizen of the Philippines at the time he applies to take theexamination shall be allowed to take it unless he can prove in the manner provided by the Rules of Court that, by specific provision oflaw, the country of which he is a citizen, subject, or national either admits citizens of the Philippines to the practice of the sameprofession without restriction or allows them to practice it after an examination on terms of strict and absolute equality with citizens,subjects, or nationals of the country concerned, including the unconditional recognition of degrees issued by institutions of learning dulyrecognized for the purpose by the Government of the Philippines: Provided, That if he is not a citizen of the Philippines, and wasadmitted to the practice of a profession in the Philippines after December 8, 1941, his active practice in that profession either in thePhilippines or in the state or country where he was practicing his profession, shall not have been interrupted for a period of two years ormore prior to July 4, 1946, and that the country or state from which he comes allows the citizens of the Philippines by specific provisionof law, to practice the same profession without restriction or on terms of strict and absolute equality with citizens, subjects or nationalsof the country or state concerned.

Section 36. Enforcement of the Act by officer of the law. It shall be the duty of all constituted officers of the law of the NationalGovernment, of any provincial, city or municipal government or of any political subdivision thereof to prosecute any person violating theprovisions of this Act. The Secretary of Justice or any assistant duly designated by the former shall act as legal adviser of the Board andrender such legal assistance as may be necessary in carrying out the provisions of this Act.

Section 37. Act not affecting other professions. This Act shall not be construed to affect or prevent the practice of any other legallyrecognized profession.

Section 38. Operation of decisions in judging any part of the Act invalid. If any clause, sentence, paragraph or part of this Act shallbe declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other part of said Act, but shall beconfined in its operation to the clause, sentence, phrase, paragraph or part directly involved in the controversy in which such judgmentis rendered.

Section 39. All existing provisions of provincial, city or municipal ordinances or regulations pertaining to examinati ons for architects,and all other laws, part of laws, orders, ordinances or regulations in conflict with the provisions of this Act are hereby repealed.

Section 40. This Act shall take effect upon its approval.

Approved: June 17, 1950


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REPUBLIC ACT NO. 1581AN ACT TO AMEND SECTION THIRTY-FOUR OF REPUBLIC ACT NUMBERED FIVE HUNDRED FORTY-FIVE, ENTITLED "ANACT TO REGULATE THE PRACTICE OF ARCHITECTURE IN THE PHILIPPINES"Section 1. Section thirty-four of Republic Act Numbered Five hundred forty-five is hereby amended to read as follows:

"Section 34. Corporations cannot register. The practice of architecture is a professional service, admission to which shall bedetermined upon the basis of individual, personal qualifications. No firm, company, partnership, association or corporation may beregistered or licensed as such for the practice of architecture: Provided, however, That persons properly registered and licensed asarchitects may, among themselves or with a person or persons properly registered and licensed as civil engineers, form, and obtain

registration of, a firm, partnership or association using the term "Architects" or "Architects and Engineers," but, nobody shall be amember or partner of such firm, partnership or association unless he is a duly registered and licensed architect or civil engineer, andthe members who are architects shall only render work and services proper for an architect as defined in this Act, and members who arecivil engineers shall also only render work and services which are proper for a civil engineer as defined under the law regulating thepractice of civil engineering; individual members of such firm, partnership or association shall be responsible for their respective acts."

Section 2. This Act shall take effect upon its approval.

Approved: June 16, 1956

Republic Act No. 9266AN 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 FOROTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

ARTICLE IGENERAL PROVISIONSECTION 1. Short Title. - This Act shall be known as "The Architecture Act of 2004."


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SECTION 2. Statement of Policy. - The State recognizes the importance of architects in nation building and development. Hence, itshall develop and nurture competent, virtuous, productive and well-rounded professional architects whose standards of practice andservice shall be excellent, qualitative, world-class and globally competitive through inviolable, honest, effective and credible licensureexaminations and through regulatory measures, programs and activities that foster their professional growth and development.

SECTION 3. Definition of Terms. - 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 takinginto 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 aCertificate of Registration and Professional Identification Card issued by the Professional Regulatory Board of Architectureand 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 andprofessionally responsible for the total design of the project for the client and who shall assume the civil liability forthe plans, specifications and contract documents he/she has signed and sealed;

(b) "Architecture-in-charge of construction" means an architect registered and licensed under this Act, who isdirectly 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 isprofessionally and academically qualified and with exceptional or recognized expertise or specialization in anybranch 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 alterationsof 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 structureperformed 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 insuch practice are residents of the Philippines or have their principal office or place of business in this country or anotherterritory, and regardless of whether such persons are performing one or all these duties, or whether such duties are performedin 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, physicaland planning and the design, construction, enlargement, conservation, renovation, remodeling, restoration or alteration of abuilding 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 professionalconsultancies;

(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 biddingdocuments;

(f) construction and project management, giving general management, administration, supervision, coordination andresponsible direction or the planning, architectural designing, construction, reconstruction, erection, enlargement ordemolition, renovation, repair, orderly removal, remodeling, alteration, preservation or restoration of buildings orstructures or complex buildings, including all their components, sites and environs, intended for private or publicuse;

(g) the planning, architectural lay-outing and utilization of spaces within and surrounding such buildings orstructures, housing design and community architecture, architectural interiors and space planning, architecturaldetailing, 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 andrestoration;

(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 privateuse, in order to enhance and safeguard life, health and property and the promotion and enrichment of the quality oflife, the architectural design of engineering structures or any part thereof; and


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(j) all other works, projects and activities which require the professional competence of an architect, includingteaching of architectural subjects and architectural computer-aided design;

(5) "Structural Conceptualization" means the act of conceiving, choosing and developing the type, disposition, arrangementand 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 governmentagencies;

(7) "Authorship" refers to the author or authors of a set of architectural plans or specifications who are in charge of theirpreparation, 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;

(10) "Service Agreement" means a duly notarized written contract or equivalent public instrument stipulating the scope ofservices and guaranteeing compensation of such services to be rendered by an architect registered and licensed under this Act;

(11) "Integrated and Accredited Professional Organization" means the existing official national organization of all architects ofthe Philippines in which all registered Filipino architects shall be members without prejudice to membership in othervoluntary professional associations;

(12) "Continuing Professional Development" refers to a sustaining and progressive learning process that maintains, enhances,or increases the knowledge and continuing ability of architects;

(13) "DTI" shall mean the Department of Trade and Industry; and

(14) "SEC" shall mean the Securities of Exchange Commission.

ARTICLE IIPROFESSIONAL REGULATORY BOARD OF ARCHITECURE

SECTION 4. Creation and Composition of the Professional Regulatory Board. - There is hereby created a Professional Regulatory Boardof Architecture, hereinafter referred to as the Board, a collegial body under the supervision and administrative control of theProfessional Regulation Commission, hereinafter referred to as the Commission, to be composed of a chairman and two (2) membersappointed by the President of the Philippines from a lists of three (3) recommendees chosen from a list of five (5) nominees for eachposition submitted to the Commission by the integrated and the accredited professional organization of architects. The Board shall beorganized not later than six (6) months from the effectivity of this Act.

SECTION 5. Qualifications of Members of the Professional Regulatory Board. - Each member shall have at the time of his/herappointment, possess the following qualifications:

(a) be 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 Philippinesor abroad that is recognized and/or accredited by the Commission on Higher Education (CHED);

(c) be an architect with a valid Certificate of Registration and Professional Identification Card and active practitioner ofarchitecture 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 review institution where a regular course or reviewcourse in architecture is taught, nor have pecuniary interest in such institution. No former member of the faculty of anyschool, institute, university or review center where architecture is taught can become a member of the Board unless he/shehad officially resigned from such an institution and has completely stopped teaching, advising or reviewing activities for atleast five (5) years prior to the nomination; and

(e) Has never been convicted of any crime involving moral turpitude.

SECTION 6. Term of Office. - The members of the Board shall hold office for a term of three (3) years after appointment or until theirsuccessors shall have been appointed and duly qualified. Any vacancy occurring within the term of a member shall be filled for theunexpired 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 priorto the performance shall qualify by taking the proper oath prior to the performance of their duties. Provided, That the incumbentmembers of the Board shall continue to serve for the remainder of their term as members of the herein created Professional RegulatoryBoard of Architecture until a new Board shall have been properly organized.

SECTION 7. Powers and Functions of the Board. - The Board shall exercise the following specific powers, functions and responsibilities:

(a) Prescribe and adopt the rules and regulations necessary for carrying out the provisions of this Act;


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(b) Supervise the registration, licensure and practice of architects;

(c) Administer oaths in connection with the administration of this Act;

(d) Issue, suspend, revoke, or reinstate the Certificate of Registration and the professional Identification Card for the practiceof the architecture profession;

(e) Adopt an official seal of the Board;

(f) Monitor the conditions affecting the practice of architecture and adopt such measures as may be deemed proper for theenhancement and maintenance of high professional, ethical and technical standards of the profession;

(g) Prescribe and/or adopt the Code of Ethical Conduct and Standards of Professional Practice;

(h) Hear and decide administrative cases involving violations of this Act, its implementing rules and regulations, the Code o fEthical Conduct and Standards of Professional Practice, and for this purpose, to issue subpoena ad testifcandum andsubpoena duces tecum to secure the appearance of witnesses and the production of documents in connection therewith:Provided, That the decision 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 decision of the Commission 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 andaccredited professional organization of architects: Provided, That the attendance to said CPD shall not be a mandatoryrequirement for the renewal of a professional license;

(j) Prepare, adopt, issue or amend the syllabi of the subjects for examinations by determining and preparing questions whichshall be within the scope of the syllabi of the subject for examination as well as administer, correct and release the results ofthe 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 withthe policies, standards and requirements of the course prescribed by the CHED in the areas of curriculum, faculty, library andfacilities;

(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 professionand 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 theCommission. However, the Board's decisions, resolutions or orders rendered in administrative cases shall be subject to review only if onappeal.

SECTION 8.Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services. - The Board shall beunder the administrative supervision of the Commission. All records of the Board, including applications for examination, andadministrative and other investigative cases conducted by the Board shall be under the custody of the Commission. The Commissionshall designate the Secretary of the Board and shall provide the secretariat and other support services to implement the provisions ofthis Act.

SECTION 9. Grounds for Suspension or Removal of Members of the Board. - The President of the Philippines, upon therecommendation of the Commission, after giving the concerned member an opportunity to defend himself in a proper administrativeinvestigation to be conducted by the Commission, may suspend or remove any member on the following grounds:

(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 Conductand Standards of Professional Practice;

(c) Final judgment of crimes involving moral turpitude; and

(d) Manipulation or rigging of the architecture licensure examination results, disclosure of secret and confidential informationin the examination questions prior to the conduct of the said examination or tampering of grades.

SECTION 10. Compensation and Allowances of the Board. - The chairman and members of the Board shall receive compensation andallowances comparable to that being received by the chairman and members of existing regulatory Boards under the Commission asprovided for in the General Appropriations Act.

SECTION 11. Annual Report. - The Board shall submit an annual report to the Commission after the close of each year giving adetailed account of its proceedings during the year and making such recommendations as it may deem proper.


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ARTICLE IIIEXAMINATION, REGISTRATION AND LICENSURESECTION 12. Examination Required. - All applicants for registration for the practice of architecture shall be required to undergo alicensure examination to be given by the Board in such places and dates as the Commission may designate in accordance with theprovisions of Republic Act No. 8981.

SECTION 13. Qualifications of Applicant for Examination. - Any person applying for examination shall establish to the satisfaction ofthe Board that:

(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;

(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 instituteduly recognized and/or accredited by the Commission on Higher Education (CHED) and in addition has a specific record of atleast 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 instituterecognized 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.

SECTION 14. Subjects for Examination. - The licensure examination for architects shall cover, but are not limited to, the followingsubjects:

(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 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.

SECTION 15. Rating in the Licensure Examination. - To be qualified as having passed the licensure examination for architects, acandidate must obtain a weighted general average of seventy percent (70%), with no grade lower than fifty percent (50%) in any givensubject.

SECTION 16. 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 shallsend by mail the rating received by each examinee at his/her given address using the mailing envelope submitted during theexamination.

SECTION 17. Oath. - All successful candidates in the examination shall be required to take an oath of profession before any member ofthe Board, any government official authorized by the Commission or any person authorized by law to administer oaths, prior to enteringupon the practice of the profession.

SECTION 18. Issuance of Certificates of Registration and Professional Identification Card. - A Certificate of Registration andProfessional Identification Card shall be issued to examinees who pass the licensure examination subject to payment of fees prescribedby the Commission. The Certificate of Registration shall bear the signature of the chairperson of the Commission and the chairman andmembers of the Board, stamped with the official seal, indicating that the person named therein is entitled to the practice of theprofession 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 theCommission, shall likewise be issued to every registrant who has paid the prescribed fee.

SECTION 19. Roster of Architects. - A roster showing the names and place of business of all registered professional architects shall beprepared and updated by the Board and copies thereof shall be made available to any party as may be deemed necessary.

SECTION 20. Seal, Issuance and Use of Seal. - 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 contractdocuments 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 stampedewith said seal during the life of the registrant's certificate, and it shall be unlawful for any one to stamp or seal anydocuments with said seal after the certificate of the registrant named thereon has expired or has been revoked, unless saidcertificate shall have been renewed or re-issued.


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(2) No officer or employee of this Republic. Chartered cities, provinces and municipalities, now or hereafter charged with theenforcement of law, ordinances or regulations relating to the construction or alteration of buildings, shall accept or approveany architectural plans or specifications which have not been prepared and submitted in full accord with all the provisions ofthis Act; nor shall any payments be approved by any such officer for any work, the plans and specifications for which have notbeen 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 insuch manner as to clearly indicate the part or parts of such work actually performed by the former, and it shall be unlawfulfor any person, except the architect-of-record, to sign for any branch of work for any function of architectural practice, notactually performed by him/her. The architect-of-record shall be fully responsible for all architectural plans, specifications andother 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 anddocuments 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 inthe 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 abuilding shall bear the seal and signature only of an architect registered and licensed under this Act together with his/herprofessional identification card number and the date of its expiration.

SECTION 21. Indication of Certificate of Registration/Professional Identification Card and Professional Tax Receipt. - The architectshall be required to indicate his/her Certificate of Registration and Professional Identification Card, its date of issuance and theduration of validity, including the professional tax receipt number, on the documents he/she signs, uses or issues in connection with thepractice of his/her profession.

SECTION 22. Refusal to Issue Certificate of Registration and Professional Identification Card. - The Board shall not register and issuea Certificate of Registration and Professional Identification Card to any person who has falsely sworn or misrepresented himself/herselfin his/her application for examination or to any person convicted by a court of competent jurisdiction of a criminal offense involvingmoral turpitude or guilty of immoral and dishonorable conduct or to any person of unsound mind. In the even of refusal to issuecertificate for any reason, the Board shall give the applicant a written statement setting forth the reasons for such action, whichstatement shall be incorporated in the record of the Board: Provided, however, That registration shall not be refused and a name shallnot be removed from the roster of architects on conviction for a political offense or for an offense which should not, in the opinion of theBoard, 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. - The Board shall have the power, upon notice and hearing, to suspend or revoke the validity of a Certificate ofRegistration/Professional Identification Card, or shall cancel a special permit granted under this Act to an architect, on any groundmentioned under Section 22 hereof for the use of or perpetuation of any fraud or deceit in obtaining a Certificate of Registration andProfessional 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 ornot 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 anassumed, 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 thePhilippines; or

(e) has openly solicited projects by actually undertaking architectural services without a valid service agreement guaranteeingcompensation of services to be rendered and/or has actually allowed himself/herself to be exploited by undertakingarchitectural services without a valid sevice agreement, both acts being prejudicial to other architects registered and licensedunder 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 Standardsof Professional Practice.

The Board shall periodically examine the grounds for the revocation of the Certificate of Registration and Professional IdentificationCard 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 theBoard may motu proprio investigate and/or take cognizance of act and practices constituting sufficient cause for suspension orrevocation of the Certificate of Registration by proper resolution or order. Such charges shall be in writing and shall be sworn to by theperson 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 Specialand Temporary Permit. - The Board may, after the expiration of two (2) years from the date of revocation of a Certificate ofRegistration, Professional Identification Card or special/temporary permit, and upon application and for reasons deemed proper and


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sufficient, reinstate the validity of a revoked Certificate of Registration and in so doing may, in its discretion, exempt the applicant fromtaking 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 therequired fees.

ARTICLE IVPRACTICE OF ARCHITECTURESECTION 25. Registration of Architects Required. - No person shall practice architecture in this country, or engage in preparingarchitectural plans, specification or preliminary data for the erection or alteration of any building located within the boundaries of thiscountry or use the title "Architect," or display or use any title, sign, card, advertisement, or other device to indicate such personpractices or offers to practice architecture, or is an architect, unless such person shall have received from the Board a Certificate ofRegistration and be issued a Professional Identification Card in the manner hereinafter provided and shall thereafter comply with theprovisions of this Act.

A foreign architect or any person not authorized to practice architecture in the Philippines, who shall stay in the country and performany of the activities mentioned in Sections 3 and 4 of this Act, or any other activity analogous thereto, in connection with theconstruction of any building/structure/edifice or land development project, shall be deemed engaged in the unauthorized practice ofarchitecture.

SECTION 26. Vested Rights: Architects Registered When this Law is Passed. - All architects registered at the time this law takes effectshall automatically be registered under the provisions hereof, subject, however, to the provisions herein set forth as to futurerequirements.

Certificate of Registration held by such persons in good standing shall have the same force and effect as though issued after the passageof this Act.

SECTION 27. Reciprocity Requirements. - A person who is not a citizen of the Philippines at the time he/she applies to take theexamination shall not be allowed to take the licensure examination unless he/she can prove, in the manner provided by the Rules ofCourt that, by specific provision of law, the country of which he/she is a citizen, subject or national either admits citizens of thePhilippines to the practice of the same profession without restriction or allows them to practice it after passing an examination onterms of strict and absolute equality with citizens, subjects or national of the country concerned, including the unconditional recognitionof prerequisite degrees/diplomas issued by the institutions of learning duly recognized for the purpose by the Government of thePhilippines.

SECTION 28. Continuing Professional Development (CPD). - To promote public interest and to safeguard life, health and property, allpracticing architects shall maintain a program of continuing professional organization shall have the responsibility of developing acontinuing professional development program for architects. Other entities or organizations may become CPD providers uponaccreditation by the Board.

SECTION 29. Prohibition in the Practice of Architecture and Penal Clause. - Any person who shall practice or offer to practicearchitecture in the Philippines without being registered/licensed and who are not holders of temporary or special permits in accordancewith the provisions of this Act, or any person presenting or attempting to use as his/her own the Certificate of Registration/ProfessionalIdentification Card or seal of another or temporary or special permit, or any person who shall give any false or forged evidence o anykind to the Board or to any member thereof in obtaining a Certificate of Registration/Professional Identification Card or temporary orspecial permit, or any person who shall falsely impersonate any registrant of like or different name, or any person who shall attempt touse a revoked or suspended Certificate of Registration/Professional Identification Card or cancelled special/temporary permit, or anyperson who shall use in connection with his/her name or otherwise assume, use or advertise any title or description tending to conveythe 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 dulylicensed to engage in the practice of architecture, or any person who shall violate any of the provisions of this Act, its implementingrules and regulations, the Code of Ethical Conduct and Standards of Professional Practice, or any policy of the Board and theCommission, shall be guilty of misdemeanor and charged in court by the Commission and shall, upon conviction be sentenced to a fineof not less than One hundred thousand pesos (P100,000.00) but not more than Five Million pesos (P5,000,000,00) or to sufferimprisonment for a period not less than six (6) months or not exceeding six (6) years, 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 toundertake/perform any service under the general practice of architecture as defined under this Act, without first executing a writtencontract/service agreement, shall be guilty of a misdemeanor and shall, upon conviction be sentenced to a fine of not less than Twohundred thousand pesos (P200,000.00) or to suffer imprisonment for a period not exceeding six (6) years, or both, at the discretion of theCourt.

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, suchpersons have duly qualified and are duly registered/licensed, otherwise, both those represented and representative, the employer andthe employee shall be deemed guilty of violation of this Act. Solicitation of architectural work shall be construed as offering to practicearchitecture 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 architect tosign his/her name, affix his/her seal, or use any other method of signature or architectural plans, specifications or other contractdocuments made under another architect's supervision, unless the same is made in such manner as to clearly indicate the part or partsof such work actually performed by the former; and shall be unlawful for any person, except the Architect-of record shall be fullyresponsible for all architectural plans, specifications, and other documents issued under his/her seal or authorized signature.


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The Board shall make all the necessary rules and regulations with regards to the signing and sealing of drawings, specifications,reports, and other documents.

SECTION 33. Ownership of Plans, Specifications and other Contract Documents. - Drawings and specifications and other contractdocuments 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 saiddocuments 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.

All architects shall incorporate this provision in all contract documents and other instruments of service.

SECTION 34. Non-Registered Person Shall Not Claim Equivalent Service. - Persons not registered as an architect shall not claim norrepresent either services or work as equivalent to those of a duly qualified registered architect, or that they are qualified for any branchor 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. - Within (3) years from theeffectivity of this Act, all existing and proposed positions in the local and national government, whether career, permanent, temporaryor contractual and primarily requiring the services of an architect shall be filled only by registered and licensed architects.

SECTION 36. Collection of Professional Fees. - It shall be unlawful for any unregistered person to collect a fee for architectural servicesexcept 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. - The practice ofarchitecture 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 architectureunder the following conditions:

(a) Only Filipino citizens properly registered and licensed as architects under this Act may, among themselves, or togetherwith allied technical professionals, form and obtain registration as a firm, company, partnership, association or corporationfor the practice of architecture;

(b) Registered and licensed architects shall compose at least seventy-five percent (75%) of the owners, shareholders, membersincorporators, directors, executive officers, as the case may be;

(c) Individual members of such firm, partnership association or corporation shall be responsible for their individual andcollective 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 andBoard.

SECTION 38. Coverage of Temporary/Special Permits. - Foreign nationals who have gained entry in the Philippines to performprofessional services as architects or consultants in foreign-funded or assisted projects of the government or employed or engaged byFilipino or foreign contractors or private firms, shall, before assuming the duties, functions and responsibilities as architects orconsultants, secure a special/temporary permit from the Board subject to approval of the Commission. To practice his/her profession inconnection with the project to which he/she was commissioned: Provided, That a foreign national or foreign firm, whose name orcompany 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 clearancesfor actual building project construction in the Philippines and advertisement and billboards for marketing purposes, shall be deemedpracticing architecture in the Philippines, whether the contract for professional services is consummated in the Philippines or in aforeign 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/herprofession 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 andadvantageous 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 utilitiesand 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/orissuance of temporary/special permits to foreign architects allowed by law to practice their profession in the Philippines by theBoard of Architecture and the accredited professional organization; and

(d) Agencies, organizations or individuals, whether public or private, who secure the services of foreign professionalauthorized by law to practice in the Philippines for reasons aforementioned, shall be responsible for securing a special permitfrom the Professional Regulation Commission (PRC) and the Department of Labor and Employment (DOLE) pursuant to PRCand DOLE rules.

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 securelocally their professional liability insurance or malpractice insurance or their acceptable equivalent in bond form commensurate withthe nature and magnitude of their project involvement and their compensation the implementing rules and regulations for such arequirement for practice shall be implemented by the Board in consultation with the integrated and accredited professionalorganization of architects within six (6) months from the effectivity of this Act.


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ARTICLE VFinal ProvisionsSECTION 40. Integration of the Architecture Profession. - The Architecture profession shall be integrated into one (1) nationalorganization which shall be accredited by the Board, subject to the approval by the Commission, as the integrated and accreditedprofessional organization of architects: Provided, however, That such an organization shall be registered with the Securities andExchange Commission, as a non-profit, 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 professionalorganization of architects and shall receive the benefits and privileges provided for in this Act upon payment of the required fees anddues. Membership in the integrated and accredited professional organization of architects shall not be a bar to membership in otherassociations of architects.

SECTION 41. Implementing Rules and Regulations. - Within sixty (60) days after the effectivity of this Act, the Board, subject to theapproval of the Commission and in coordination with the integrated and accredited professional organization, shall adopt andpromulgate such rules and regulations, Code of Ethical Conduct and Standards of Professional Practice, to carry out the provisions ofthis Act and which shall be effective fifteen (15) days following their publication in the Official Gazette or in two (2) major dailynewspapers of general circulation.

SECTION 42. Appropriations. - The Chairperson of the Professional Regulation Commission shall immediately include in theCommission programs the implementation of this Act, the funding of which shall be included in the annual General Appropriations Act.

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.

SECTION 44. Enforcement of the Act. - It shall be the primary duty of the Commission and the Board to effectively enforce theprovision of this Act. All duly constituted law enforcement agencies and officers of national, provincial, city or municipal government orof any political subdivision thereof, shall, upon the call or request of the Commission or the Board, render assistance in enforcing theprovisions of this Act and to prosecute any person violating the provisions of the same. The Secretary of Justice or his duly designatedrepresentative shall act as legal adviser to the Commission and the Board and shall render legal assistance as may be necessary incarrying out the provisions of this Act.

Any person may bring before the Commission, Board or the aforementioned officers of the law, cases of illegal practice or vio lations ofthis 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 Actcommitted by any person or party.

The Board shall assist the Commission in filing the appropriate charges through the concerned prosecution office in accordance withlaw and the Rules of Court.

SECTION 45. 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. - 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 modifiedaccordingly.

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.

March 17, 2004

Republic Act 9266 and 545

Documents

Transcript of Republic Act 9266 and 545