02 RA 9266 Summary

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ArcStudio

CENTER FOR ADVANCED ARCHITECTURE


COURSE OUTLINE
• RA 9266 • REVISED RULE VII and VIII
ARCHITECTURE ACT OF
2004 • RA 9514
REVISED FIRE CODE OF
• SPP DOCUMENTS 2008
STANDARDS OF
PROFESSIONAL PRACTICE • BP 220
GENERAL CONDITIONS STANDARDS OF ECONOMIC
AND SOCIALIZED HOUSING
• BP 344
ACCESSIBILITY LAW • PD 957
SUBDIVISION AND
• PD 1096 CONDOMINIUM BUYER'S
NATIONAL BUILDING CODE PROTECTIVE DECREE
OF THE PHILIPPINES
IRR OF REPUBLIC ACT NO.9266
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
Pursuant to Section 7 (a), Article II and Section 41,
Article V of Republic Act No. 9266, known as

“The Architecture Act of


2004”,
the Board of Architecture hereby prescribes,
adopts, and promulgates the following Rules and
Regulations to carry out the provisions thereof
RULE I

TITLE, POLICY STATEMENT,


DEFINITION OF TERMS, AND
SCOPE OF PRACTICE
SECTION 1: Title

This rules and regulations shall be


known as “the rules and regulations
implementing the provisions of
republic act no. 9266”, otherwise
known as “the architecture act of
2004”. For brevity, it may be cited as
“irr of the architecture act of 2004”.
SECTION 2. Statement of Policy

The State recognizes the importance of architects in


nation building and development. It shall develop
and nurture competent, virtuous, productive and
well-rounded professional architects whose
standards of practice and service shall be excellent,
qualitative, world-class and globally competitive
through inviolable, honest, effective and credible
licensure examinations and through regulatory
measures, programs and activities that foster their
professional growth and development.
SECTION 3. Definition of Terms

1.“Architecture”
is the art, science or profession of
planning,designing and constructing buildings in their
totality taking into account their environment, in
accordance with the principles of utility, strength and
beauty;

2.“Architect”
means a person professionally and academically
qualified, registered and licensed under R.A. No.
9266 with a Certificate of Registration and
Professional Identification Card issued by the
Professional Regulatory Board of Architecture and
the Professional Regulation Commission.
(a)“Architect-of-record”
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;

(b)“Architect-in-charge of construction”
who is directly and professionally responsible and liable
for the construction supervision of the project;

(c) “Consulting Architect”


professionally and academically qualified and with
exceptional or recognized expertise or specialization
in any branch of architecture;
3. “General Practice of Architecture”

the act of planning and architectural designing,


structural conceptualization, specifying, supervising
and giving general administration and responsible
direction to the erection, enlargement or alterations of
buildings and building environments and architectural
design in engineering structures
4. “Scope of the Practice of Architecture”

(a) planning, architectural designing and structural


conceptualization;

(b) consultation, consultancy, conferences, evaluations,


investigations, quality surveys, appraisals and
adjustments, site analysis

(c) schematic design, design development, contract


documents and construction phases including
professional consultancies;
(d)preparation of preliminary, technical, economic and
financial feasibility studies of plans, models and project
promotional services

(e)preparation of architectural plans, specifications, bill of


materials, cost estimates, general conditions and bidding
documents;

(f)construction and project management, administration,


supervision, architectural designing, construction,
reconstruction, erection, enlargement or demolition,
renovation, repair, alteration, preservation or restoration of
buildings
(g) the planning, architectural lay-outing and utilization of
spaces, architectural interiors and space planning,
architectural detailing, architectural lighting, acoustics,
architectural lay-outing of mechanical, electrical, electronic,
sanitary, plumbing, communications

(h) building programming, building administration,


construction arbitration and architectural conservation and
restoration.

(i) all works which relate to the scientific, aesthetic and orderly
coordination of all works and branches of the work, systems
and processes

(j) all other works, including teaching of architectural


subjects and architectural computer-aided design;
5) “Structural Conceptualization”
choosing and developing the type, disposition,
arrangement and proportioning of the structural
elements of an architectural work giving due
consideration to safety, cost-effectiveness, functionality
and aesthetics

6) “Architectural Firm”
means a sole proprietorship, a partnership or a
corporation registered with the DTI AND/OR SEC and
then with the Board of Architecture and PRC;

7) “Authorship”
refers to the author or authors of a set of architectural
plans or specifications who are in charge of their
preparation whether made by them personally or under
their immediate supervision;

8) “Board”
refers to the Professional Regulatory Board of
Architecture;
9) “Commission”
means the Professional Regulation Commission

10)“Service Agreement”
means a duly notarized written contract or equivalent
public instrument stipulating the scope of services and
guaranteeing compensation of such services to be
rendered by an architect registered and licensed under R.A.
No. 9266; Violation of the Service Agreement is a basis for
a civil liability under Art. 1723 of the Civil Code

11)“Integrated and Accredited Professional


Organization”
means the existing official national organization of all
architects of the Philippines in which all registered Filipino
architects shall be members without prejudice to
membership in other voluntary professional associations;
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;

14) “SEC”
shall mean the Securities and Exchange Commission;

15)“Association”
any formal grouping of two or more architects or firms
working in joint venture on a project basis.

16)“Architectural Company”
means a juridical entity that shall be synonymous with
an Architectural Partnership (see definition of
Architectural Partnership) registered with the SEC.
17)“Architecture Corporation”
means a group of professionals in architecture and allied
professions, incorporated with Architects for the purpose
of delivering professional service in architecture and allied
professions; in case an existing Architectural Corporation
does not comply with the 75% composition requirement,
it shall comply and register again with the SEC and the
BOA.

18)“Architectural Documents”
means an architectural drawings, specifications, and
other outputs of an Architect that only an Architect can
sign and seal consisting, among others, of vicinity maps,
site development plans, architectural program, perspective
drawings, architectural floor plans, elevations, sections,
ceiling plans, schedules, detailed drawings, technical
specifications and cost estimates, and other instruments of
service in any form.
19) “Architectural Interiors”
means a detailed planning and design of the
indoor/enclosed areas of any proposed building/structure,
including retrofit or renovation work and which shall cover
all architectural and utility aspects, including the
architectural lay-outing of all building engineering systems
found therein.

20) “Architectural Partnership”


means a group of two or more Architects duly registered
with the SEC and then with the Board of Architecture.

21)“Architectural Plans”
means a two (2)-dimensional representations reflecting a
proposed development/redevelopment of an enclosed/
semi-enclosed or open area showing features or elements
such as columns, walls, partitions, ceiling, stairs, doors,
windows, floors, roof, etc.
22) “Building”
means a structure for the purpose and function of
habitation and other uses.

23) “Certificate of Registration”


means a certificate bearing a registration number,
issued to an individual, by the Professional
Regulation Commission through the Board of
Architecture, signifying that the individual has
successfully passed the Licensure Examination and
is registered to practice his/her profession as
Architect.
24)“Code of Ethical Conduct”
contains the norms and principles governing the
practice of the profession of architecture in the highest
standards of ethical conduct.

25) “Consulting Architect”


a registered and licensed Architect, who is academically
and professionally qualified, and with exceptional or
recognized expertise or specialization in any branch of
architecture; the Consulting Architect assumes no civil
liability under Art. 1723 of the Civil Code
26) “Contract Documents”
are the documents attached to the agreement identified
therein as Contract Documents.These generally include
the following documents:

a) Special Provisions or conditions


b)General Conditions
c)Drawings
d)Specifications
e)Other Bid Documents

27) “Copyright (or Copyright Ownership)”


shall refer to the intellectual proprietary rights retained by
an Architect over any architectural documents/ work that
he/she prepares shall include the right to control the erection
of any building which reproduces the whole or a substantial
part of the work either in its original form or in any form
28)“CPD Providers”
means an entities ,agencies, organizations and the l like
that have been accredited/registered with the Board of
Architecture of the Professional Regulation Commission to
deliver seminars, lectures, and other continuing
professional education modules for architects

29) “Diversified Architectural Experience”


a post-baccalaureate, pre-licensure experience of two
(2) years required of a graduate of architecture prior to
taking the licensure examination; consisting of a variation
of experiences in the different phases of architectural
service.
30)“Foreign Architect”
means an architect who is not a Filipino citizen nor an
Architect registered and licensed in the Philippines, but who
is duly registered and licensed in his/her home country as an
Architect

31) “Filipino Counterpart”


the local Philippine architect, partnership or corporation
that must work in association with a foreign architect,
partnership or corporation, on a project on Philippine
soil.
32) “Ownership”
shall refer to proprietary rights to an architectural work such
as plans, designs and other documents by a person/ juridical
entity who commissions the Architect and whose ownership
of an architectural work by such a person/ juridical entity shall
only be confined to the use of the architectural documents for
executing /implementing the work described therein for one
(1) or the original project;
33) “Planning”
refers to physical planning at site, community or
urban level by an Architect

34)“Physical Planner”
refers to an Architect who specializes in the detailed
physical planning of land or property on which vertical
structures are to be proposed.

35) “Physical Planning”


the detailed physical planning of land or property on
which vertical structures such as buildings, monuments
and/or structures and horizontal developments are to be
proposed.
36)“Professional”
refers to a person whose name an registration/professional
license number is entered in the Professional Regulation
Commission registry book and computerized database as one
legally authorized to practice his profession

37)“Professional Identification Card”


a document bearing the registration number, date of issuance
with an expiry date, due for periodic renewal, duly signed by
the Chairperson of the PRC to a registered Architect upon
payment of the annual registration fees for three (3) years

38)“Site Planning”
the detailed site development planning of all areas
surrounding a building or a group of buildings but only within
the property limits of the land on which such
buildings/structures are to be erected.
39)“Standards of Professional Practice”
defines all aspects of professional service, prescribes
minimum basic fees and establishes the rights and
obligations of both the Architect and the client.

40)“Sole Proprietorship”
means an individual Architect practicing and delivering
architectural services, duly registered with the DTI, BOA
and the PRC

41)“Specialization”
an expertise and special knowledge in the field of
architecture acquired by an Architect through formal
education and training or through continuing professional
development and experience, for which the Architect may
be engaged as Consulting Architect.
42)“Syllabi”
the outlines embodying topics and concepts of major
subjects prescribed in specific course of study to serve as
basis for test questions in the licensure examinations.

43) “Technology Transfer”


refers to contracts or arrangements involving the transfer
of systematic knowledge for the manufacture of a product,
the application of a process, or rendering of a service
including management contracts; and the transfer,
assignment or licensing of all forms of intellectual property
rights.

44)“Urban Design”
physical and systemic design undertaken by an Architect
on a community and urban plane
45)Acronyms and Laws:

(a)ARCHITECTURE ACT OF 2004 – R.A. No. 9266


(b)BOA– Board of Architecture
(c)CHED– Commission on Higher Education
(d)CIAC –Construction Industry Arbitration Commission
(e)CPD –Continuing Professional Development
(f)DOLE –Department of Labor and Employment
g)DTI –Department of Trade and Industry
(h)IAPOA –Integrated Accredited Professional Organization of
Architects (the same as United Architects of the
Philippines, Inc.)
(i)Intellectual Property Code of the Philippines – R.A. No.8293
(j)PCAB –Philippine Contractors Accreditation Board
(k)PDCB –Philippine Domestic Construction Board
(l)PRB –Professional Regulatory Board (the same as BOA for the
profession of architecture)
(m)PRC –Professional Regulation Commission
(n)PRC Modernization Act of 2000 –R.A. No. 8981
(o)SEC –Securities and Exchange Commission
(p)UAP –United Architects of the Philippines, Inc
RULE II

PROFESSIONAL REGULATORY
BOARD OF ARCHITECTURE:
ORGANIZATION,
POWERS, AND FUNCTIONS
SECTION 4. Creation and Composition of the
Professional Regulatory Board

Composed of a chairman and two (2) members appointed


by the President of the Philippines from a list of three (3)
recommendees chosen from a list of five (5) nominees for
each position submitted to the Commission by the integrated
and the accredited professional organization of architects.
SECTION 5. Qualifications of Members of the
Professional Regulatory Board
qualifications:
(a)be a citizen and a resident of the Philippines;

(b)be a holder of a degree in Bachelor of Science in Architecture


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 of architecture for at least ten
(10) years on the date of his/her appointment;

(d) not be a member of the faculty of any school, college, university or


review institution where a regular course or review course in architecture is
taught. No former member of the faculty of any school, or review center
has completely stopped teaching, for at least five (5) years prior to the
nomination;
(e)has never been convicted of any crime involving moral turpitude;
and
(f)not be an elective officer of the Integrated and Accredited
Professional Organization of Architects and other Professional
Organization of Architects.
SECTION 6. Term of Office

The members of the Board shall hold office for a term of


three (3) years after appointment or until their successors
shall have been appointed and duly qualified. Each member
of the Board may be reappointed for one full term of three (3)
years. 1) member shall be appointed chairman for three
(3) years, one (1) member for two (2) years, and one (1)
member for one (1) year.
SECTION 7. Powers and Functions of the Board
The Board shall exercise the following specific powers, functions
and responsibilities:

(a) Prescribe and adopt the “IRR of the Architecture Act of


2004” for carrying out the provisions of R.A. No. 9266;

(b) Supervise the registration, licensure and practice of


architects;

(c) Administer oaths in connection with the administration of


R.A. No. 9266;

(d) Issue, suspend, revoke, or reinstate the Certificate of


Registration and the Professional identification Card for the
practice of the architecture profession;

(e) Adopt an official seal of the Board;

f)Monitor the conditions affecting the practice of architecture and


adopt such measures for the enhancement 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 R.A.


No. 9266, the “IRR of the Architecture Act of 2004”, the Code of
Ethical Conduct and Standards of Professional Practice and for this
purpose, to issue subpoena ad testificandum and subpoena
duces tecum to secure the appearance of witnesses and the
production of documents in connection therewith;

(i) Prescribe guidelines for the Continuing Professional


Development (CPD) program in consultation with the integrated
and accredited professional organization of architects:
(j)Prepare the syllabi of the subjects for examinations and
prepare questions which shall be within the scope of the
syllabi of the subject for examination as well as administer,
correct and release the results of the licensure
examinations;

(k) Approve, issue, limit or cancel temporary or special


permit to practice architecture

(l) In coordination with the CHED, ensure that all higher


educational instruction and offerings of architecture comply
with the policies, standards and requirements of the course
prescribed by the CHED in the areas of curriculum, faculty,
library and facilities;

(m) To adopt a program for the full computerization of the


licensure examination; and

(n) Discharge such other duties and functions as may be


deemed necessary for the enhancement of the architecture
profession and the upgrading, development and growth
of the architecture education.
SECTION 8. Administrative Supervision of the Board,
Custodian of its Records, Secretariat and Support
Services

The Board shall be under the administrative supervision of the


Commission. All records of the Board, including applications for
examination, examination questions, answer sheets, and other
records and documents pertaining to licensure examination,
administrative and other investigative cases conducted by the
Board shall be under the custody of the Commission.
SECTION 9. Grounds for Suspension or Removal of
Members of the Board
The President of the Philippines, upon the recommendation of the
Commission, may suspend or remove any member on the
following grounds

(a)Neglect of duty or incompetence;

(b)Violation or tolerance of the violation of R.A. No. 9266,


Code of Ethical Conduct and Standards of Professional
Practice;

(c)Final judgment of crimes involving moral turpitude;

d)Manipulation or rigging of the architecture licensure examination


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

SECTION 11. Annual Report

The Board shall submit an annual report to the


Commission after the close of each year giving a detailed
account of its proceedings during the year and making such
recommendations as it may deem proper.
RULE III

EXAMINATION,
REGISTRATION AND LICENSURE
SECTION 12. Examination Required
All applicants for registration for the practice of architecture
shall be required to undergo a licensure examination to
be given by the Board in such places and dates as the
Commission may designate in accordance with the
provisions of Republic Act No. 8981.

SECTION 13. Qualifications of Applicant for


Examination

(a)He/she is a Filipino citizen or a citizen of a foreign country


qualified to take the examination as provided for in Sec. 27, Art.
IV of R.A. No. 9266 as carried out by Sec. 27, Rule IV of this
“IRR of the Architecture Act of 2004”;

(b)He/she is of good moral character;


(c)He/she is a holder of the degree of Bachelor of Science
in Architecture conferred by a school accredited by the
Commission on Higher Education (CHED) and in addition has
a specific record of at least two (2) years or equivalent of
diversified architectural experience duly certified by a
registered/licensed architect: applicant holding a Master’s
Degree in Architecture from a school, college, university or
institute recognized by the government shall be credited one
(1) year in his/her practical experience;

(d) He/she has not been convicted of any criminal offense


involving moral turpitude.
The following documents shall be submitted in support of the
above requirements:
(1)Certificate of Live Birth in National Statistics Office (NSO) Security
Paper

(2)Marriage Contract in NSO Security Paper for married female


applicants

(3)College Diploma with indication therein of date of graduation and


Special Order Number unless it is not required

(4)Baccalaureate Transcript of Records with indication therein of date


of graduation and Special Order Number unless it is not required

(5) Accomplished Diversified Training (DT Form 001)

(6) Accomplished Diversified Training (DT Form 002)

(7) Architect-Mentor Affidavit

(8) Photocopy of Architect-Mentor’s valid Professional Identification


Card, Professional Tax Receipt and IAPOA number

(9) National Bureau of Investigation (NBI) Clearance


Fraudulent Applications of Candidate and Mentor

The Board may refuse to renew a professional


identification card, or may suspend, or revoke, any
certificate of registration obtained by false swearing or
any misrepresentations made in applying for registration
or examination and may refuse to renew or grant
registration to any applicant whose application contains
such false evidence or information
SECTION 14. Subjects for Examination

The licensure examination for architects shall cover, but are


not limited to, the following subjects:

(1) History and Theory of Architecture; Principles of


Planning and Architectural Practice

Part I: History of Architecture


A. Rationale and Description

1. Analysis of architectural manifestations from the beginning of


civilization to contemporary periods of development;

2. Analysis of the influences of environmental, historical, and


sociocultural factors and their relevance to the development of
art, buildings, structures, as well as of human settlements.
Part II: Theory of Architecture
A.Rationale and Description

1.Understanding of the theories and principles of design and


architectural design process;

2.Analysis of anthropometric, proxemic, and kinesthetic


requirements of space in relation to architectural design;

3.Analysis of sociocultural and technological trends which are


contributory to the development of contemporary architecture

Part III: Architectural Practice


A. Rationale and Description

1.Understanding of the role, legal rights and obligations, and


responsibilities of the architect

2.Analysis and application of the various statutes, codes, and


regulations affecting the practice of architecture in the
Philippines.
3.Understanding of the various aspects of the professional practice
of architecture, including tools and techniques related to
production, construction, resource allocation, and project
management, as well as the efficient conduct of client and business
relations for building design and construction projects.

Part IV: Theory and Principles of Planning


A. Rationale and Description

1.Analysis of the concepts and techniques in the general


planning process, regional planning, land use planning, and
human settlements planning

2.Understanding of the art and science of site planning with


emphasis on ecological, socio-psychological, aesthetic, and
functional basis of site planning.
(2) Structural Design, Building Materials, and Architectural
Specifications, and Methods of Construction and Utilities;
Part I: Structural Conceptualization
A. Rationale and Description

1. Understanding of the fundamentals of mechanics, strength


of materials, and theory of structures

2. General design, principles, and analysis of the structural


elements of various types of construction materials and
systems.

Part II: Building Materials and Methods of Construction


A. Rationale and Description

1. Understanding of the properties of building construction and


finishing materials; their application and articulation;
systems and methods of specifying and construction;

2. Application of the principles of design and construction


methods of various types of materials used in construction.
Part III: Utilities
A. Rationale and Description

1. Understanding of the basic practices, principles, general design


and installation, and/or construction of utilities required for a
building or structure and its premises;
a
2. Analysis of utility, facility, and equipment requirements in
relation to aesthetic, function, and strength of a building or
structure and its premises.

(3) Urban Design and Architectural Interiors


Part I: Urban Design
A. Rationale and Description

1 Analysis of the concepts and techniques in the general


planning process of the physical and systematic design on a
community and urban plane on a more comprehensive manner.

2. Understanding of the art and science of urban design


with emphasis on ecological, socio-psychological, aesthetic and
functional basis of urban design.
Part II: Architectural Interiors
A. Rationale and Description

1. Understanding of the theories and principles of Architectural


Interiors.

2. Analysis of anthropometric, proxemic, and kinesthetic


requirements of space in relation to Architectural Interiors.

(4) Architectural Design and Site Planning


A. Rationale and Objectives

1. Application of logical approach to architectural interiors,


urban design and site planning solutions to architectural and
planning problems with emphasis on design methodology,
quantitative and qualitative aspects of space, circulation, and
interrelationships of space, structural and form envelopes, and
building utilities and facilities.

2. Application of skills and ability to visualize architectural


design problems and present solutions in appropriate graphical
language.
.
SECTION 15. Rating in the Licensure
Examination

To be qualified as having passed the


licensure examination for architects, a
candidate must obtain a weighted
general average of seventy percent
(70%), with no grade lower than
fifty percent (50%) in any given
subject
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. The report of rating may be
distributed to the successful examinees during their mass
oathtaking as new registered and licensed architects

SECTION 17. Oath


All successful candidates in the examination shall be
required to take an oath of profession before any member
of the Board, any government official authorized by
the Commission pursuant to Sec. 7(k) of R.A. No. 8981 or
any person authorized by law to administer oaths.
SECTION 18. Issuance of Certificates of Registration
and Professional Identification Card

A certificate of Registration and Professional Identification Card


shall be issued to examinees who pass the licensure examination
subject to payment of fees prescribed by the Commission. A
Professional Identification Card bearing the registration
number, date of issuance, expiry date, duly signed by the
chairperson of the Commission, shall likewise be issued to every
registrant who has paid the prescribed fee of annual registration for
three (3) years; renewal of the said card shall be subject to
payment of the annual registration fees for another and every after
three (3) years.
SECTION 19. Roster of Architects

A roster showing the names and place of business


including other personal material and relevant data of all
registered professional architects shall be prepared
and updated by the Board.

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 contract documents
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.

(2)No officer or employee of this Republic 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 on architectural plans, or other documents made
under another architect’s supervision. The architect-of-record,
shall be fully responsible for all architectural plans and other
documents issued under his/her seal or authorized signature

(4)Drawings and specifications duly signed, stamped or sealed,


as instruments of service, are the intellectual properties and
documents of the architect. 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.
SECTION 21. Indication of Certificate of
Registration/Professional Identification Card and
Professional Tax Receipt

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 has falsely sworn or misrepresented
himself/herself in his/her application for examination or
to any person convicted by a court of competent
jurisdiction of a criminal offense involving moral turpitude
or guilty of immoral and dishonorable conduct or to any
person of unsound mind.
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, or shall
cancel a special permit granted under R.A. No. 9266 to an
architect.
(a) has signed or affixed his name or seal on architectural
plans and designs, specifications, or other similar documents
or work not prepared by him/her or not executed under
his/her
immediate supervision; or

(b)has paid money except the regular fees provided for to


secure a Certificate of Registration; or

(c)has falsely impersonated a practitioner, or former


practitioner of alike or different name or has practiced under an
assumed

(d)has aided or abetted in the practice of architecture any


person not duly authorized to practice architecture in the
Philippines
(e)has openly solicited projects by actually undertaking
architectural services without a valid service agreement
guaranteeing compensation of services to be rendered
and/or has actually allowed himself/herself to be exploited
by undertaking architectural services without a valid service
agreement.

(f)has violated any provision of R.A. No. 9266, its


implementing rules and regulations, the Code of Ethical
Conduct and Standards of Professional Practice.

Any person, firm or association, may prepare charges in


accordance with the provisions of this section against
any registrant, or the Board may motu proprio
investigate and/or take cognizance of acts and practices
constituting sufficient cause for suspension or revocation of
the Certificate of Registration by proper resolution or order.
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 IV

PRACTICE OF
ARCHITECTURE
(SUNDRY PROVISIONS)
SECTION 25. Registration of Architects Required
No person shall practice architecture in this country or use the
title “Architect”, unless such person shall have received from
the Board a Certificate of Registration and be issued a
Professional Identification Card and shall thereafter comply
with the provisions of R.A. No. 9266.

A foreign architect or any person not authorized to


practice architecture in the Philippines, who shall stay in
the country and perform any of the activities mentioned in
Sections 3 and 4 of R.A. No. 9266, in connection with the
construction of any building/structure/edifice shall be
deemed engaged in the unauthorized practice of
architecture and shall, therefore, be criminally liable
under R.A. No. 9266 and this “IRR of the Architecture Act
of 2004”
SECTION 26. Vested Rights. Architects Registered
When This Law is Passed
All architects registered at the time this law takes
effect shall automatically be registered under the
provisions subject to the provisions set forth as to
future requirements. Certificates of Registration and
Professional Identification Cards held by such
persons in good standing shall have the same force
and effect as though issued after the passage of
R.A. No. 9266.

SECTION 27. Reciprocity Requirements


A person who is not a citizen of the Philippines at
the time he/she applies to take the examination shall
not be allowed to take the licensure examination
unless he/she can prove, in the manner provided by
the Rules of Court that, by specific provision of law,
the country of which he/she is a citizen, subject or
national either admits citizens of the Philippines
A foreign citizen, whether he studied in the Philippines or
not, who desires to take the licensure examination for
Architects through reciprocity shall initiate the establishment
of reciprocity between his country/state and the Philippines
by presenting/submitting a letter or any document signed
and under official seal by the appropriate official of his
country/state requesting.

The Chairman of the Board Architecture to allow the


foreign applicant to take the licensure examination of the
Board that by express provision of the law of his
country/state Filipino citizens shall be allowed to take the
licensure examination for Architects and to register as
Architect in his country/state on terms of strict and absolute
equality with the citizens or subjects of said country.
If the letter/document and the copy of the law submitted by the
applicant is satisfactorily to the Board, the foreign applicant
shall be allowed to take the licensure examination by
submitting the following documents that shall accompany the
application:

a. The original or certified copy of any official document issued


by the Bureau of Immigration and Deportation allowing the
applicant to enter and reside the Philippines;

b. passport

c. Original or authenticated copy of transcript of records or


equivalent document

d. Other documents which may be required to be submitted


by the Board
SECTION 28. Continuing Professional
Development (CPD)

The integrated and accredited professional


organization shall have the responsibility of developing
a continuing professional development program for
architects.

A program of Continuing Professional Development


(CPD) shall be maintained through an overall CPD
program for architects developed by the United
Architects of the Philippines, Inc.
SECTION 29. Prohibition in the Practice of
Architecture and Penal Clause

Any person who shall practice or offer to practice architecture


in the Philippines without being registered/licensed and
who are not holders of temporary or special permits in
accordance with the provisions of R.A. No. 9266, its
implementing rules and regulations, the Code of Ethical
Conduct and Standards of Professional Practice, or any
policy of the Board and the Commission, shall be guilty of
misdemeanor and charged in court by the Commission and
shall, upon conviction be sentenced to a fine of not less than
One hundred thousand pesos (P100,000.00) but not more
than Five million pesos (P5,000,000.00) or to suffer
imprisonment for a period not less than six (6) months or not
exceeding six (6) years or both, at the discretion of the
Court.
Any public official who shall order or
cause a non-architect to perform
activities which constitute practice of
architecture shall be administratively
liable and shall be guilty of
misdemeanor and shall upon
conviction be sentenced in
accordance with Section 30 of R.A.
No. 9266.
Penalties for Violations of Section 7 – sub-paragraph (L)
by Heads of Government Agencies or Officers of Private
Entities/Institutions as per R.A. No. 8981.

Any head of a government agency or officer(s) of a private


firm/institution who violates Section 7 – sub-paragraph (L)
of R.A. No. 8981 shall be punished by imprisonment of
not less than six (6) months and one (1) day to not
more than six (6) years, or a fine of not less than Fifty
Thousand Pesos (P50,000.00) to not more than Five
Hundred Thousand Pesos (P500,000.00) or both at the
discretion of the court
SECTION 30. Prohibition in the Practice of
Architecture

Any person or entity, public or private, Filipino or foreigner,


who/which shall force an architect to perform any
service under the general practice of architecture,
without first executing a written contract agreement,
shall be guilty of a misdemeanour and shall, upon
conviction be sentenced to a fine of not less than Two
hundred thousand pesos (P200,000.00) or to suffer
imprisonment for a period not exceeding six (6) years,
or both, at the discretion of the Court.
SECTION 31. Liability of Representatives of Non-
Registered Persons

It shall be unlawful for any person or firm or corporation to


avoid the provisions of R.A. No. 9266 by having a
representative or employee seek architectural work in their
behalf, unless and until, such persons have duly qualified
and duly registered/licensed, otherwise, both those
represented and the representative, the employer and the
employee shall be deemed guilty of violation of R.A. No.
9266
SEC. 32. Signing and Sealing of Architectural
Plans, Specifications, Architectural Permit and
Other Contract Documents

It shall be unlawful for any architect to sign his/her


name, affix his/her seal, contract documents made
under another architect’s supervision, unless the same
is made in such manner as to clearly indicate the part
or parts of such work actually performed by the former,
and shall be unlawful for any person, except the
Architect-of record shall be fully responsible for all
architectural plans, specifications, and other
documents issued under his/her seal or authorized
signature
The authorized signature, official seal, PTR, PRC registration
number and the IAPOA membership number and Official
Receipt (O.R.) number of the Architect-of-record stamped on
architectural plans, specifications, architectural permit and
other related contract documents signify his/her assumption
of the mandated fifteen (15) year civil liability under Article
1723 of the CivilCode.

For architectural documents prepared by architectural firms,


the Board of Architecture Registry Number and the SEC or
DTI Registry Numbers should be prominently displayed on
all architectural documents
SECTION 33. Ownership of Plans, Specifications and
Other Contract Documents

Drawings and specifications and other contract documents


duly signed, stamped or sealed, as instruments of service,
are the intellectual property and documents of the architect,
whether the object for which they are made is executed or
not. It shall be unlawful for any person to duplicate or to
make copies of said documents for use in the repetition of
and for other projects or buildings, whether executed partly or
in whole, without the written consent of architect or author of
said documents.

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 nor
represent either services or work as equivalent to those of a
duly qualified registered architect, even though no form of
the title “Architect” is used.

SECTION 35. Positions in Government Requiring the


Services of Registered and Licensed Architects
Within three (3) years from the effectivity of R.A. No. 9266,
all existing and proposed positions in the local and national
government, whether career, permanent, temporary or
contractual and primarily requiring the services of an
architect shall be filled only by registered and licensed
architects.
In order to provide a safety net intended to ensure that the
legislative intent shall be fully implemented, the following sub-
rules are so prescribed:

1.All national and local agencies including Government Owned


and Controlled Corporations (GOCC’s) are prohibited to
collapse existing plantilla positions for architects for the
purpose of recreating the same to non-architect positions.

2.All existing plantilla positions in the national and local


government whose job description includes the practice of
architecture as defined under R.A. 9266, shall be automatically
reclassified as Architect positions and shall be accorded the
salary pertaining to the latter in accordance with salary
standardization law.
3.The government architect-of-record shall collect from the
concerned national or local agency including Government
Owned and Controlled Corporations (GOCC’s) an incentive pay
to cover civil liabilities in the equivalent amount of 1.5 % of the
project cost of every project provided it shall not exceed 50% of
his annual salary which shall be paid upon full completion of the
project. The amount intended for the architect who prepared
and signed the drawings and specifications shall be included in
the Program of Work.

SECTION 36. Collection of Professional Fees


It shall be unlawful for any unregistered person to collect a fee
for architectural services except as an employee collecting a fee
as representative of a Registered Architect.
SECTION 37. Limitation to the Registration of a Firm,
Company, Partnership, Corporation or Association

A firm, company, partnership, corporation or association


may be registered or licensed as such for the practice of
architecture under the following conditions:

 Only Filipino citizens properly registered and licensed as


architects under R.A. No. 9266 may, among themselves, or
together with allied technical professionals, form and obtain
registration as a firm, company, partnership, association or
corporation for the practice of architecture;

Registered and licensed architects shall compose at least


seventy-five percent (75%) of the owners, shareholders,
members, incorporators, directors, executive officers, as the
case may be;
Individual members of such firm, partnership, association
or corporation shall be responsible for their individual and
collective acts as an entity and as provided by law;

.
 Such firm, partnership, association or corporation shall be
registered with the Securities and Exchange Commission
and the Board.

SECTION 38. Coverage of Temporary/Special Permits

Foreign nationals who have gained entry in the Philippines to


perform professional services as architects or consultants in
foreign-funded or assisted projects of the government shall
secure a special/temporary permit from the Board.
Provided, that a foreign national or foreign firm, whose name
or company name, with the title architect, architectural
consultant, shall be deemed practicing architecture in the
Philippines, whether the contract for professional services is
consummated in the Philippines or in a foreign country.Provided,
further, that the following conditions are satisfied as follows:

(a) That he/she is a citizen or subject of a country which


specifically permits Filipino professionals to practice
his/her profession within their territorial limits, on the
same basis as the subjects or citizens of such foreign state or
country;

(b)That he/she is legally qualified to practice architecture in


his/her own country, and that his/her expertise is necessary
and advantageous to our country particularly in the aspects of
technology transfer and specialization;
c) That foreign nationals shall be required to work with a Filipino
counterpart and shall also be responsible for public utilities and taxes
due to the Philippine government.

(d) Agencies, organizations or individuals whether public or private,


who secure the services of a foreign professional authorized by law
to practice in the Philippines shall be responsible for securing a
special permit from the (PRC) and (DOLE) pursuant to PRC and
DOLE rules.
The following procedures for the registration or issuance of
special permits to foreign architects are hereby prescribed

• A visa and work permit by appropriate government agencies

• Within thirty (30) calendar days after the


commission/appointment date, the commissioning party shall
be responsible to secure the Temporary/Special Permit from
Board subject to approval by the PRC. DOLE shall issue the
employment permit.

• In the absence of a bilateral agreement, the foreign


national shall submit documentary proof or evidence
allowing Filipino architects to practice the profession in their
home country without any limitation.
•Technology transfer and/or specialization must be
identified and substantiated consistent with his expertise

• A Filipino counterpart shall be the architect-of-record, with


his duties, functions and responsibilities duly defined in a
covering agreement.

•Advertisements and billboards for marketing/promotion


purposes shall prominently display the name of the architect-
of-record.

• Upon issuance of the temporary/special permit, the foreign


national may become member of the United Architects of
the Philippines, Inc. subject to the rules and procedures of
UAP membership
SECTION 39. Liability Insurance of a Person or Entity
Allowed to Practice under a Temporary/Special Permit

Foreign nationals, including former Filipinos wanting to


engage in the general practice of architecture must secure
locally their professional liability insurance commensurate
with the magnitude of their project involvement and their
compensation .
RULE V

FINAL PROVISIONS
SECTION 40. Integration of the Architecture Profession

The Architecture profession shall be integrated into one (1)


national organization which shall be accredited by the Board

Provided, however, That such an organization shall be


registered with the Securities and Exchange Commission, as a
non-profit, non-stock corporation to be governed by by-laws
providing for a democratic election of its officials. An
architect shall automatically become a member of the
integrated and accredited professional organization of
architects.
Pursuant to Board Resolution No. 3, Series of 2004, the United
Architects of the Philippines, Inc. is the existing integrated and
accredited professional organization of registered architects,
duly accredited by the Board subject to approval by the
Commission and registered with the Securities and Exchange
Commission (SEC) as a non-profit, non-stock corporation
governed by Bylaws providing for a democratic election of its
officials

 An architect duly registered with the PRC shall automatically


become a member of the UAP .

 Bona fide members of the UAP shall be required to provide


their official IAPOA membership number and receipt number
together with their PRC registration number and professional
tax receipt (PTR) on official documents prepared by .
The functions, duties and responsibilities of the UAP
as the IAPOA shall be the following:

a) Nominations to the vacancy of positions to the BOA;

b) Responsibility of preparing a program of CPD;

c) Endorsement of the practice of foreign nationals to


be issued temporary/special permit;

d) Recommendation of compliance with liability


insurance under a temporary/special permit;
e) Monitoring compliance and endorsing or filing
a complaint with the Board and/or Commission for violation
of the R.A. No. 9266, this IRR, Code of Ethics, Standards of
Professional Practice

SECTION 41. Implementing Rules and Regulations

Within sixty (60) days after the affectivity of R.A. No.


9266, the Board, subject to the approval of the Commission
and in coordination with integrated and accredited
professional organization, shall adopt and promulgate such
rules and regulations, Code of Ethical Conduct and
Standards of Professional Practice, to carry out the
provisions of R.A. No. 9266 and which shall be effective
fifteen (15) days following their publication in the Official
Gazette or in two (2) major daily newspapers of general
circulation
SECTION 42. Appropriations

The Chairperson of the Professional Regulation


Commission shall immediately include in the
Commission’s programs the implementation of R.A. No.
9266.

The amount necessary to carry out the initial


implementation of R.A. No. 9266 shall be charged against
the current year’s appropriations of the Professional
Regulation Commission.
SECTION 43. Act Not Affecting Other Professionals

R.A. No. 9266 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 the provisions of R.A. No. 9266
and this “IRR of the Architecture Act of 2004”.
The Secretary of Justice or his duly designated
representative shall act as legal adviser to the Commission
and the Board and shall render legal assistance as may be
necessary in carrying out the provisions of R.A. No. 9266 and
this “IRR of the Architecture Act of 2004”

Any person may bring before the Commission cases of illegal


practice or violations of R.A. No. 9266 and this “IRR of the
Architecture Act of 2004” committed by any person or party.

SECTION 45. Separability Clause


If, for any reason, any section or provision of the herein “IRR”
or application of such rules and regulations to any person or
circumstances is declared unconstitutional, the remainder of
this “IRR of the Architecture Act of 2004”, shall not be affected
by such declaration.
SECTION 46. Repealing Clause
Any provisions of the rules, regulations, and other
policies or parts thereof issued and promulgated
pursuant to R.A. No. 545 (as amended by R.A. No.
1581), P.D. No. 223 (as amended), R.A. No. 8981, and
other laws which are inconsistent with this “IRR of the
Architecture Act of 2004” are hereby superseded,
repealed or amended accordingly.

SECTION 47. Effectivity


The herein “IRR of the Architecture Act of 2004” shall
be, upon approval by the Commission, be effective after
fifteen (15) days following its full and complete
publication in the Official Gazette or in two (2) major
newspapers of general circulation.
Done in the City of Manila this ________day of _______________
2004.

EUGENE G. GAN
Chairman

FERNANDO L. SANTOS MIGUEL R. CALUZA


Member Member
ATTESTED TO:

CARLOS G. ALMELOR
Secretary, Professional Regulatory Boards

APPROVED:

ANTONIETA FORTUNA-IBE
Chairperson

AVELINA A. DE LA REA LEONOR TRIPON-ROSERO


Commissioner Commissioner
OCOMI/D-SRB/PRB-ARC/D-LGL
CGA/PBM/SAT/ms
end

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