Architecture Act of 2004 (RA 9266)

Professional Practice 1: The Architecture Act of 2004

• Republic Act No. 9266 provides comprehensive regulations for the registration, licensing, and practice of architecture.
• It repeals Republic Act No. 545.

Republic Act No. 545

• It regulates the practice of architecture in the Philippines.
• It was enacted on June 17, 1950.

Section 1: Short Title

• "This Act shall be known as the Architecture Act of 2004"

Section 2: Statement of Policy

• Architects are important in nation building development.
• The state shall develop competent, virtuous, productive, and well-rounded professional architects.
• The state shall regulate measures, programs, and activities that foster their professional growth and development.

Section 3: Definition of Terms

• "Architecture" is the art, science, or profession of planning, designing, and constructing buildings, considering the environment and principles of utility, strength, and beauty.
• "Architect" is a professionally and academically qualified, registered, and licensed person responsible for advocating fair and sustainable development.
• He promotes the welfare and cultural expression of society's habitat in terms of space, forms, and historical context.
• "Architect-of-record" (AoR) is directly and professionally responsible for the total design of the project and civilly liable for the plans.
• "Architecture-in-charge of construction (AICC) is directly and professionally responsible and liable for the construction supervision of the project.
• "Consulting Architect" is exceptionally qualified and specialized in any branch of architecture.
• "General Practice of Architecture" means planning and architectural designing, structural conceptualization, giving general administration and responsible direction.
• It includes responsible direction to the erection, enlargement or alterations of buildings and building environments and architectural design in engineering structures.
• "Scope of the Practice of Architecture" includes professional services about physical planning and design, construction, enlargement, conservation, renovation, remodeling, or alteration of buildings.
• This may include but is not limited to:
• Planning, architectural designing, and structural conceptualization
• Consultations
• Quality surveys
• Site analysis
• Design development
• Contract documents
• Construction phases
• Feasibility studies; models
• Promotional services
• Bill of materials
• Cost estimates
• Management and supervision
• The planning, architectural lay-outing and utilization of spaces
• Housing and space planning
• Architectural lighting and acoustics
• Coordination of utility systems
• Building programming
• Construction arbitration and conservation
• Scientific and orderly coordination of works necessary for a complete building
• Works related to safety
• Teaching architectural subjects and computer-aided design
• "Structural Conceptualization" means conceiving, choosing, and developing the type, disposition, arrangement, and proportioning of structural elements, considering safety, cost-effectiveness, functionality, and aesthetics.
• "Architectural Firm" is a sole proprietorship, partnership, or corporation registered with government agencies.
• "Authorship" refers to the authors of architectural plans or specifications.
• "Board" refers to the Professional Regulatory Board of Architecture.
• "Commission" means the Professional Regulation Commission.
• "Service Agreement" is a notarized contract stipulating service scope and compensation.
• "Integrated and Accredited Professional Organization" is the existing national organization of Filipino architects.
• "Continuing Professional Development" refers to sustaining a progressive learning process that maintains or improves architects' knowledge.
• "DTI" means the Department of Trade and Industry.
• "SEC" means the Securities of Exchange Commission.

Article II: Professional Regulatory Board of Architecture

• Section 4: Creation and Composition; a Professional Regulatory Board of Architecture is created under the supervision of the Professional Regulation Commission.
• The Board has a chairman and two members appointed by the President of the Philippines from lists of nominees submitted by the integrated and accredited professional organization of architects.

Section 5: Qualifications of Members of the Professional Regulatory Board

• Be a citizen and resident of the Philippines.
• Hold a Bachelor of Science degree in Architecture from a recognized institution.
• Have a valid Certificate of Registration and Professional Identification Card with at least ten (10) years of active practice.
• Not be a faculty member of an architecture school or review center nor have a pecuniary interest in such institutions; must cease teaching activities for at least five (5) years before nomination.
• Never been convicted of any crime involving moral turpitude.

Section 6: Term of Office

• The Board members hold office for a term of three (3) years after appointment.
• Vacancies are filled for the unexpired portion.
• Reappointment is possible for one full term.
• In the initial appointments, one member appointed and holds the office as chairman for three (3) years
• One (1) member holds office for two (2) years
• One (1) member holds office for (1) year
• Members take proper oath before performing their duties.

Section 7: Powers and Functions of the Board

• Prescribe and adopt necessary rules and regulations
• Supervise registration, licensure, and practice of architects
• Administer oaths
• Issue, suspend, revoke, or reinstate Certificate of Registration and professional ID
• Adopt an official seal
• Monitor conditions affecting the practice of architecture
• Prescribe the Code of Ethical Conduct and Standards of Professional Practice
• Hear administrative cases and issue subpoena in cases of violations
• Prescribe guidelines for Continuing Professional Development (CPD) programs
• Prepare and issue syllabi for examinations
• Approve, issue, limit, or cancel temporary or special permits to practice architecture
• Ensure that architecture education offerings comply with CHED policies
• Adopt a program for the computerization of the licensure examination.
• Discharge duties necessary for enhancement of architecture profession and upgrading of education.

Section 8: Administrative Supervision

• The Board is under the administrative supervision of the Commission.
• The Commission has custody of the Board's records
• The Commission designates the Secretary of the Board and provides support services.

Section 9: Grounds for Suspension or Removal

• The President can suspend or remove a member, upon the recommendation of the Commission after proper investigation, if:
• Member neglects their duty or incompetence.
• Violates this Architecture Act or its rules.
• Has a final judgement of crimes involving moral turpitude.
• Manipulates licensure examination results.

Section 10: Compensation and Allowances

• The chairman and members receive compensation and allowances comparable to existing regulatory boards.

Section 11: Annual Report

• The Board submits an annual report to the Commission with detailed accounts of proceedings and recommendations.

Article III: Examination, Registration, and Licensure

• Section 12: All registration applicants must undergo a licensure examination
• Section 13: To qualify for the Architecture exam, an applicant must
• Be a Filipino citizen or from a foreign country and qualified under this Act
• Be of good moral character.
• Hold a degree of Bachelor of Science in Architecture from a recognized institution with at least two years of diversified architectural experience.
• Those with a Master's Degree in Architecture from a recognized school are credited one year of experience
• Have not been convicted of any crime involving moral turpitude

Section 14: Subjects for Examination

• History and Theory of Architecture; Principles of Planning and Architectural Practice
• Structural Design, Building Materials, and Architectural Specifications, and Methods of Construction and Utilities
• Urban Design and Architectural Interiors
• Architectural Design and Site Planning

Section 15: Rating

• Candidate must obtain a 70% weighted general average, with no grade lower than 50% in any subject

Section 16: Report of ratings

• The board must submit ratings of each candidate within thirty (30) calendar days after the examination

Section 17: Oath

• Successful candidates required to take an oath before practicing.

Section 18: Issuance of Certificates

• A Certificate of Registration and Professional Identification Card is issued to successful examinees after paying prescribed fees.
• The Certificate bears the signatures of the chairperson of the Commission and the chairman and members of the Board, stamped with the official seal.

Section 19: Roster of Architects

• A roster with names and business places shall be prepared/updated by the Board and made available.

Section 20: Seal

• A licensed architect affixes a prescribed seal with name, registration number, and title "Architect" on architectural documents.

Section 21: Indication of Certificate

• Architects must indicate their Certificate of Registration, Professional Identification Card, issuance date, duration, and PTR number on documents.

Section 22: Refusal to Issue Certificate

• The Board cannot register/issue a Certificate to someone who misrepresented themselves in their application, or who has been convicted of an offense of immoral conduct or unsound mind

Section 23: Suspension and Revocation

• The Board can suspend or revoke certificate validity or special permit

Section 24: Re-issuance

• Board may reinstate a revoked certificate after two years, possibly exempting the applicant from re-examination.

Article IV: Practice of Architecture

Section 25: Registration of Architects Required

• No person cannot practice architecture unless they have received a Certificate of Registration and Professional Identification Card.
• Foreign architects require authorization to perform related activities.

Section 26: Vested Rights

• Architects registered at the time this law takes effect shall automatically be registered.

Section 27: Reciprocity Requirements

• Non-citizens can only take the architecture exam if their country allows Filipino citizens to practice architecture.

Section 28: Continuing Professional Development (CPD)

• Practicing architects shall maintain a program of continuing professional accreditation

Section 29: Prohibition in the Practice of Architecture and Penal Clause

• Practicing architecture without proper registration/permits, misrepresenting qualifications, or violating the Act results in a misdemeanor charge with fines from P100,000 to P5,000,000 and/or imprisonment from 6 months to 6 years.

Section 30: Prohibition in the Practice of Architecture

• Forcing a registered architect to perform services without a written service agreement is a misdemeanor, punishable by a fine of at least P200,000 or imprisonment for up to six years.

Section 31: Liability of Representatives of Non-Registered Persons

• Seeking architectural work on behalf of a non-registered firm or corporation is unlawful.

Section 32: Signing of Architectural Plans

• Architects cannot sign plans or documents made under another architect's supervision, unless the parts they performed are clearly indicated.
• The Architect-of-record is fully responsible for all issued architectural plans.

Section 33: Ownership of Plans

• Architectural documents are the intellectual property of the architect and cannot be duplicated without written consent.

Section 34: Non-Registered Person Shall Not Claim Equivalent Service

• Persons not registered as architects cannot claim to provide equivalent services.

Section 35: Positions in Government

• Within three years, government positions requiring architectural services must be filled by registered and licensed architects.

Section 36: Collection of Professional Fees

• Only registered architects can collect a the fee of architectural services

Section 37: Limitation to the Registration of a Firm, Company, Partnership, Corporation

• Only Filipino citizens can form firms for architectural practice. At least 75% of the owners/shareholders must be registered architects.

Section 38: Coverage of Temporary/Special Permits

• Foreign nationals must secure temporary permits for foreign-funded projects, requiring a Filipino counterpart and compliance with tax regulations.

Section 39: Liability Insurance of a Person or Entity Allowed to Practice

• Foreign architects must secure local professional liability insurance.