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Professional Practice

R.A. 9266, known as the Architecture Act of 2004, establishes comprehensive regulations for the registration, licensing, and practice of architecture in the Philippines, repealing previous laws. It defines the roles and responsibilities of architects, outlines the scope of architectural practice, and sets qualifications for the Professional Regulatory Board of Architecture. The Act also includes provisions for licensure examinations, continuing professional development, and penalties for unauthorized practice.

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0% found this document useful (0 votes)
15 views6 pages

Professional Practice

R.A. 9266, known as the Architecture Act of 2004, establishes comprehensive regulations for the registration, licensing, and practice of architecture in the Philippines, repealing previous laws. It defines the roles and responsibilities of architects, outlines the scope of architectural practice, and sets qualifications for the Professional Regulatory Board of Architecture. The Act also includes provisions for licensure examinations, continuing professional development, and penalties for unauthorized practice.

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ariecaaa
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R.A.

9266 – Architecture Act of 2004 (a) planning, architectural designing


an act providing for a more responsive and and structural conceptualization;
comprehensive regulation for the registration,
licensing and practice of architecture, (b) consultation, consultancy, giving
repealing for the purpose Republic Act no. oral or written advice and directions,
545, as amended, otherwise known as "an conferences, evaluations,
act to regulate the practice of architecture investigations, quality surveys,
in the Philippines," and for other purposes appraisals and adjustments,
architectural and operational planning,
R.A. 9266 emanated from House Bill site analysis and other pre-design
No.5389 and Senate Bill No. 2710 services;

Signed into law by President Gloria (c) schematic design, design


Macapagal Arroyo development, contract documents and
construction phases including
Section 3 professional consultancies;
1. Architecture – art, science, profession
of planning, designing and constructing (d) preparation of preliminary,
buildings in their totality taking into technical, economic and financial
account their environment, in feasibility studies of plans, models and
accordance with the principles of utility, project promotional services;
strength and beauty.
2. Architect (e) preparation of architectural plans,
 Professionally and specifications, bill of materials, cost
academically qualified estimates, general conditions and
 Registered and licensed under bidding documents;
this act with a certificate of
registration and professional (f) construction and project
identification Card management, giving general
 Responsible for advocating management, administration,
the fair and sustainable supervision, coordination and
development, welfare and responsible direction or the planning,
cultural expression of society’s architectural designing, construction,
habitat in terms of space, form reconstruction, erection, enlargement
and historical context or demolition, renovation, repair,
orderly removal, remodeling,
2.a. Architect of Record alteration, preservation or restoration
 Registered and licensed architect of buildings or structures or complex
 Directly and professionally responsible buildings, including all their
for the total design of the project components, sites and environs,
 Assume civil liability for the plan, intended for private or public use;
specification and contract documents
he has signed and sealed (g) the planning, architectural lay-
outing and utilization of spaces within
2.b. Architect-in-charge of construction and surrounding such buildings or
 Registered and licensed architect structures, housing design and
 Directly and professionally responsible community architecture, architectural
and liable for the construction, interiors and space planning,
supervision of the project architectural detailing, architectural
lighting, acoustics, architectural lay-
2.c. Consulting Architect outing of mechanical, electrical,
 Registered and licensed architect electronic, sanitary, plumbing,
 Professionally and academically communications and other utility
qualified systems, equipment and fixtures;
 With exceptional or recognized
expertise or specialization in any (h) building programming, building
branch of architecture administration, construction arbitration
and architectural conservation and
restoration;

4. "Scope of the Practice of Architecture" (i) all works which relate to the
encompasses the provision of professional scientific, aesthetic and orderly
services in connection with site, physical and coordination of all works and branches
planning and the design, construction, of the work, systems and process
enlargement, conservation, renovation, necessary for the production of a
remodeling, restoration or alteration of a complete building or structure,
building or group of buildings. Services may whether for public or private use, in
include, but are not limited to: order to enhance and safeguard life,
health and property and the promotion
and enrichment of the quality of life,
the architectural design of engineering stopped teaching, advising or
structures or any part thereof; and reviewing activities for at least 5
years prior to the nomination
(j) all other works, projects and  Has never been convicted of any
activities which require the crime involving moral turpitude
professional competence of an
architect, including teaching of SECTION 6. Term of Office. –
architectural subjects and architectural  The members of the Board shall hold
computer-aided design; office for a term of three (3) years after
appointment or until their successors
6. "Architectural Firm" means a sole shall have been appointed and duly
proprietorship, a partnership or a corporation qualified.
registered with the proper government  Any vacancy occurring within the term
agencies; of a member shall be filled for the
unexpired portion of the term only.
10. "Service Agreement" means a duly  Each member of the Board may be
notarized written contract or equivalent public reappointed for one full term of three
instrument stipulating the scope of services (3) years.
and guaranteeing compensation of such  Of the members of the Board first
services to be rendered by an architect appointed under this Act, one (1)
registered and licensed under this Act; member shall be appointed and hold
office as chairman for three (3) years,
11. Integrated and Accredited Professional one (1) member for two (2) years, and
Organization" means the existing official one (1) member for one (1) year.
national organization of all architects of the  Each member of the Board shall
Philippines in which all registered Filipino qualify by taking the proper oath prior
architects shall be members without prejudice to the performance shall qualify by
to membership in other voluntary professional taking the proper oath prior to the
associations; performance of their duties. Provided,
That the incumbent members of the
12. "Continuing Professional Board shall continue to serve for the
Development" refers to a sustaining and remainder of their term as members of
progressive learning process that maintains, the herein created Professional
enhances, or increases the knowledge and Regulatory Board of Architecture until
continuing ability of architects; a new Board shall have been properly
organized.
ARTICLE II
Section 4

PRBOA – Professional Regulatory Board SECTION 7. Powers and Functions of the


of Architecture Board. - The Board shall exercise the
Is a collegial body under the supervision and following specific powers, functions and
administrative control of the commission responsibilities:
 Composed of a Chairman and two (2)
members  (a) Prescribe and adopt the rules and
 Appointed by the President of the regulations necessary for carrying out
Philippines the provisions of this Act;
 Nominated by IAPOA and  (b) Supervise the registration,
recommended by PRC licensure and practice of architects;
 (c) Administer oaths in connection with
Section 5 the administration of this Act;
QUALIFICATION OF THE  (d) Issue, suspend, revoke, or
PROFESSIONAL REGULATORY reinstate the Certificate of Registration
BOARD OF ARCHITECTURE and the professional Identification
 Citizen and resident of the Card for the practice of the
Republic of the Philippines architecture profession;
 Holder of BS degree in  (e) Adopt an official seal of the Board;
Architecture  (f) Monitor the conditions affecting the
 With valid certificate of registration practice of architecture and adopt
(COR) and Professional such measures as may be deemed
Identification Card (PIC) proper for the enhancement and
 Active Practitioner of Architecture maintenance of high professional,
for atleast 10years ethical and technical standards of the
 Not a member or a former profession;
member of the faculty of any  (g) Prescribe and/or adopt the Code of
school or review institution Ethical Conduct and Standards of
 No pecuniary interest in such Professional Practice;
institution unleass he/she had  (h) Hear and decide administrative
officially resigned from such as cases involving violations of this Act,
institution and has completely its implementing rules and regulations,
the Code of Ethical Conduct and (a) He/she is a Filipino citizen or a
Standards of Professional Practice, citizen of a foreign country qualified to
and for this purpose, to issue take the examination as provided for
subpoena ad testifcandum and in this Act;
subpoena duces tecum to secure the
appearance of witnesses and the (b) He/she is of good moral character;
production of documents in connection
therewith: Provided, That the decision (c) He/she is a holder of a degree of
of the Board shall, unless appealed to Bachelor of Science in Architecture
the Commission, become final and conferred by a school, college,
executory after fifteen (15) days from academy or institute duly recognized
receipt of notice of judgment or and/or accredited by the Commission
decision. The decision of the on Higher Education (CHED) and in
Commission may be appealed to the addition has a specific record of at
Court of Appeals in accordance with least two (2) years or equivalent of
the procedure under the Rules of diversified architectural experience
Court; duly certified by a registered/licensed
 (i) Prescribe guidelines for the architect: Provided, however, That an
Continuing Professional Development applicant holding a Master's Degree in
(CPD) program in consultation with Architecture from a school, college,
the integrated and accredited university or institute recognized by
professional organization of architects: the government shall be credited one
Provided, That the attendance to said (1) year in his/her practical
CPD shall not be a mandatory experience; and
requirement for the renewal of a
professional license; (d) He/she has not been convicted of
 (j) Prepare, adopt, issue or amend the any criminal offensive involving moral
syllabi of the subjects for examinations turpitude.
by determining and preparing
questions which shall be within the
SECTION 14. Subjects for Examination. -
scope of the syllabi of the subject for
The licensure examination for architects shall
examination as well as administer,
cover, but are not limited to, the following
correct and release the results of the
subjects:
licensure examinations;
 (k) Approve, issue, limit or cancel
temporary or special permit to practice (1) History and Theory of Architecture;
architecture; Principles of Planning and
 (l) In coordination with the CHED, Architectural Practice;
ensure that all higher educational
instruction and offerings of (2) Structural Design, Building
architecture comply with the policies, Materials, and Architectural
standards and requirements of the Specifications, and Methods of
course prescribed by the CHED in the Construction and Utilities;
areas of curriculum, faculty, library
and facilities; (3) Urban Design and Architectural
 (m) To adopt a program for the full Interiors; and
computerization of the licensure
examination; and (4) Architectural Design and Site
 (n) Discharge such other duties and Planning.
functions as may be deemed
necessary for the enhancement of the The Board, subject to the approval of the
architecture profession and the Commission, may revise or exclude any of the
upgrading, development and growth of subjects and their syllabi, and add new ones
the architecture education. as the need arises to conform to technological
changes brought about by continuing trends in
ARTICLE III the profession.
Section 12
All applicants for registration for the practice of SECTION 15. Rating in the Licensure
architecture shall be required to undergo a Examination. - To be qualified as having
licensure examination to be given by the passed the licensure examination for
Board in such places and dates as the architects, a candidate must obtain a weighted
Commission may designate in accordance general average of seventy percent (70%),
with the provisions of Republic Act No. 8981. with no grade lower than fifty percent (50%) in
any given subject.

SECTION 13. Qualifications of Applicant SECTION 21. Indication of Certificate of


for Examination. - Any person applying for Registration/Professional Identification Card
examination shall establish to the satisfaction and Professional Tax Receipt. - The architect
of the Board that: shall be required to indicate his/her Certificate
of Registration and Professional Identification
Card, its date of issuance and the duration of Conduct and Standards of
validity, including the professional tax receipt Professional Practice.
number, on the documents he/she signs, uses
or issues in connection with the practice of The Board shall periodically examine the
his/her profession. grounds for the revocation of the Certificate of
Registration and Professional Identification
Card and update these as necessary under
SECTION 23. Suspension and Revocation the implementing rules and regulations.
of Certificates of Registration, Professional
Identification Card or the Any person, firm or association, may prepare
Special/Temporary Permit. - The Board shall charges in accordance with the provisions of
have the power, upon notice and hearing, to this section against any registrant, or the
suspend or revoke the validity of a Certificate Board may motu proprio investigate and/or
of Registration/Professional Identification take cognizance of act and practices
Card, or shall cancel a special permit granted constituting sufficient cause for suspension or
under this Act to an architect, on any ground revocation of the Certificate of Registration by
mentioned under Section 22 hereof for the proper resolution or order. Such charges shall
use of or perpetuation of any fraud or deceit in be in writing and shall be sworn to by the
obtaining a Certificate of Registration and person making them and shall be filed with the
Professional Identification Card or Secretary of the Board.
special/temporary or dishonorable conduct; or
for any cause specified hereunder: Provided, SECTION 29. Prohibition in the Practice of
however, That such action of the Board shall Architecture and Penal Clause. - Any
be subject to appeal to the Commission person who shall practice or offer to practice
whose decision shall be final if he/she: architecture in the Philippines without being
registered/licensed and who are not holders of
(a) has signed and affixed or permitted temporary or special permits in accordance
to be signed or affixed his name or with the provisions of this Act, or any person
seal on architectural plans and presenting or attempting to use as his/her own
designs, specification, drawings, the Certificate of Registration/Professional
technical reports, valuation, estimates, Identification Card or seal of another or
or other similar documents or work not temporary or special permit, or any person
prepared by him/her or not executed who shall give any false or forged evidence o
under his/her immediate supervision; any kind to the Board or to any member
or thereof in obtaining a Certificate of
Registration/Professional Identification Card
(b) has paid money except the regular or temporary or special permit, or any person
fees provided for to secure a who shall falsely impersonate any registrant of
Certificate of Registration; or like or different name, or any person who shall
attempt to use a revoked or suspended
(c) has falsely impersonated a Certificate of Registration/Professional
practitioner, or former practitioner of Identification Card or cancelled
alike or different name or has special/temporary permit, or any person who
practiced under an assumed, fictitious shall use in connection with his/her name or
or corporate name other than that of otherwise assume, use or advertise any title
the registered; or or description tending to convey the
impression that he/she is an architect when
(d) has aided or abetted in the practice he/she is not an architect, or any person
of architecture any person not duly whether Filipino or foreigner, who knowingly
authorized to practice architecture in allows the use, adoption, implementation of
the Philippines; or plans, designs or specification made by any
person, firm, partnership or company not duly
licensed to engage in the practice of
(e) has openly solicited projects by
architecture, or any person who shall violate
actually undertaking architectural
any of the provisions of this Act, its
services without a valid service
implementing rules and regulations, the Code
agreement guaranteeing
of Ethical Conduct and Standards of
compensation of services to be
Professional Practice, or any policy of the
rendered and/or has actually allowed
Board and the Commission, shall be guilty of
himself/herself to be exploited by
misdemeanor and charged in court by the
undertaking architectural services
Commission and shall, upon conviction be
without a valid sevice agreement, both
sentenced to a fine of not less than One
acts being prejudicial to other
hundred thousand pesos (P100,000.00) but
architects registered and licensed
not more than Five Million pesos
under this Act and inimical to the
(P5,000,000,00) or to suffer imprisonment for
interests of the profession; or
a period not less than six (6) months or not
exceeding six (6) years, or both, at the
(f) has violated any provision of this discretion of the Court.
Act, its implementing rules and
regulations, the Code of Ethical SECTION 30. Prohibition in the Practice of
Architecture. - Any person or entity, whether
public or private, Filipino or foreigner, employed or engaged by Filipino or foreign
who/which shall entice, compel, coerce, contractors or private firms, shall, before
require or otherwise force an architect assuming the duties, functions and
registered and licensed under this Act to responsibilities as architects or consultants,
undertake/perform any service under the secure a special/temporary permit from the
general practice of architecture as defined Board subject to approval of the Commission.
under this Act, without first executing a written To practice his/her profession in connection
contract/service agreement, shall be guilty of with the project to which he/she was
a misdemeanor and shall, upon conviction be commissioned: Provided, That a foreign
sentenced to a fine of not less than Two national or foreign firm, whose name or
hundred thousand pesos (P200,000.00) or to company name, with title architect,
suffer imprisonment for a period not architectural consultant, design consultant,
exceeding six (6) years, or both, at the consultant or designer appear on architectural
discretion of the Court. plans, specifications and other related
construction documents, for securing buildings
SECTION 34. Non-Registered Person Shall permits, licenses and government authority
Not Claim Equivalent Service. - Persons not clearances for actual building project
registered as an architect shall not claim nor construction in the Philippines and
represent either services or work as advertisement and billboards for marketing
equivalent to those of a duly qualified purposes, shall be deemed practicing
registered architect, or that they are qualified architecture in the Philippines, whether the
for any branch or functions of function of contract for professional services is
architectural practice, even though no form of consummated in the Philippines or in a foreign
the title "Architect" is used. country: Provided, further, That the following
conditions are satisfied as follows:

SECTION 37. Limitation to the Registration (a) That he/she is a citizen or subject
of a Firm, Company, Partnership, of a country which specifically permits
Corporation or Association. - The practice Filipino professionals to practice
of architecture is a professional service, his/her profession within their territorial
admission to which shall be determined upon limits, on the same basis as the
the basis of individual personal qualifications. subjects or citizens of such foreign
However, a firm, company, partnership, state or country;
corporation or association may be registered
or licensed as such for the practice of (b) That he/she is legally qualified to
architecture under the following conditions: practice architecture in his/her own
country, and that his/her expertise is
(a) Only Filipino citizens properly necessary and advantageous to our
registered and licensed as architects country particularly in the aspects of
under this Act may, among technology transfer and specialization;
themselves, or together with allied
technical professionals, form and (c) That foreign nationals shall be
obtain registration as a firm, company, required to work with a Filipino
partnership, association or corporation counterpart and shall also be
for the practice of architecture; responsible for public utilities and
taxes due to the Philippine
(b) Registered and licensed architects government, relative to their
shall compose at least seventy-five participation in, or professional
percent (75%) of the owners, services rendered to the project, in
shareholders, members incorporators, accordance with the established
directors, executive officers, as the implementing rules and regulations
case may be; providing for the procedure for the
registration and/or issuance of
(c) Individual members of such firm, temporary/special permits to foreign
partnership association or corporation architects allowed by law to practice
shall be responsible for their individual their profession in the Philippines by
and collective acts as an entity and as the Board of Architecture and the
provided by law; accredited professional organization;
and
(d) Such firm, partnership, association
or corporation shall be registered with (d) Agencies, organizations or
the Securities and Exchange individuals, whether public or private,
Commission and Board. who secure the services of foreign
professional authorized by law to
SECTION 38. Coverage of practice in the Philippines for reasons
Temporary/Special Permits. - Foreign aforementioned, shall be responsible
nationals who have gained entry in the for securing a special permit from the
Philippines to perform professional services Professional Regulation Commission
as architects or consultants in foreign-funded (PRC) and the Department of Labor
or assisted projects of the government or
and Employment (DOLE) pursuant to
PRC and 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
secure locally their professional liability
insurance or malpractice insurance or their
acceptable equivalent in bond form
commensurate with the nature and magnitude
of their project involvement and their
compensation the implementing rules and
regulations for such a requirement for practice
shall be implemented by the Board in
consultation with the integrated and
accredited professional organization of
architects within six (6) months from the
effectivity of this Act.

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