Architecture Act: Registration and Reciprocity

Registration of Architects (Section 25)

• Only individuals holding a Certificate of Registration and a Professional Identification Card can practice architecture in the Philippines.
• Registered architects alone can engage in preparing architectural plans.
• Using the title "Architect," or any similar title/device implying architectural practice, requires registration.

Vested Rights (Section 26)

• Registration is automatically granted under RA 9266, contingent upon fulfilling future requirements.

Reciprocity Requirements (Section 27)

• A non-citizen can only take the licensure exam if their country allows Filipino citizens to practice architecture.
• The applicant's country should unconditionally recognize degrees/diplomas from Philippine government-recognized schools
• Foreign citizens seeking licensure via reciprocity must initiate reciprocity between their country/state and the Philippines.
• Foreign applicants need to submit an official letter/document, signed and sealed from their country.
• Taking of the licensure exam is permitted if the submitted documents and law copy are satisfactory to the Board

Additional Reciprocity Requirements (Section 27)

• Required documents include an official document from the Bureau of Immigration and Deportation (BID).
• Also required is a passport.
• A transcript of records must be from a higher learning institution.
• Also required are documents authorized by the applicant's country, and any additional documents the Board requires.

Continuing Professional Development (CPD) (Section 28)

• Practicing architects need to maintain a CPD to protect public interests, life, health, and property.
• The IAPOA is responsible for developing a CPD program for architects.
• Other organizations can become CPD providers with Board accreditation

Prohibition in Architecture and Penal Clause (Section 29)

• A "Misdemeanor" is a minor criminal act
• Practicing without registration/licensure or a temporary/special permit under RA 9266 is a misdemeanor.
• Presenting another's registration, ID, or seal is a misdemeanor
• Providing false evidence to the Board for registration purposes is a misdemeanor
• Falsely impersonating a registered architect is a misdemeanor
• Using a revoked/suspended registration or permit is a misdemeanor
• Implying one is an architect without proper credentials is a misdemeanor.
• Knowingly allowing an unlicensed entity to use architectural plans is a misdemeanor.
• Violating RA 9266, its rules, the Code of Ethics, or Board policies is a misdemeanor.
• Government/private employees cannot perform architectural work without a licensed architect's supervision.
• Ordering a non-architect to perform architectural work by a public official is a misdemeanor, with penalties under Section 30 of RA 9266.

Prohibition in the Practice of Architecture (Section 30)

• Forcing a licensed architect to perform services without a written contract is prohibited under RA 9266.
• Violators are guilty of a misdemeanor which is punishable with a fine of at least P200,000, imprisonment up to 6 years, or both.

Liability of Representatives (Section 31)

• Avoiding RA 9266 by using a representative/employee for architectural work is unlawful.
• Both the represented party and the representative are guilty of violating RA 9266.
• Soliciting architectural work by non-registered/unlicensed persons is unlawful.

Signing of Documents (Section 32)

• Architects cannot sign/seal plans made under another architect's supervision.
• The Architect-of-Record's signature, seal, PTR, PRC registration, IAPOA number, and O.R. number on plans signify assumption of the 15-year civil liability under Article 1723 of the Civil Code.
• The Architect-of-Record's liability is limited to the documents they sign and seal, excluding other professionals' responsibilities.

Ownership of Documents (Section 33)

• Drawings, specifications, and contract documents are the architect's intellectual property, whether the project is executed or not.
• Duplicating or copying these documents for other projects is unlawful.

Claiming Equivalent Service (Section 34)

• Non-registered persons cannot claim their services are equivalent to those of a registered architect.

Government Positions (Section 35)

• Within 3 years, government positions requiring architectural services must be filled by Registered and Licensed Architects (RLAs).

Professional Fees (Section 36)

• Collecting fees for architectural services by an unregistered person is illegal, unless they are an employee representing a registered architect.

Registration of Firms (Section 37)

• Architecture is a professional service based on individual qualifications.
• Firms can be registered if Filipino citizens registered under RA 9266, form a firm with allied professionals
• Registered, licensed architects must comprise at least 75% of the firm's ownership.
• Firm members are responsible for their individual and collective acts.
• Firms must register with the SEC and PRBOA.

Temporary/Special Permits (Section 38)

• Foreign architects/consultants need a special/temporary permit from the Board and approval from the Commission.
• Displaying a foreign architect/firm's name on plans for building permits implies practicing architecture in the Philippines.

Conditions for Temporary Permits

• Applicants must be citizens of countries allowing Filipino professionals to practice architecture.
• Applicants must be qualified in their own country.
• The applicant's expertise must be advantageous through technology transfer or specialization.
• Foreign nationals must work with a Filipino counterpart and be responsible for public utilities and taxes.
• Agencies securing foreign professionals must obtain a special permit from the PRC and DOLE.

Liability Insurance (Section 39)

• Foreign nationals must secure professional liability or malpractice insurance.

Practice of Profession Characteristics

• Architecture is a privilege, not a natural or constitutional right.
• It is a profession, not a trade or business.
• It cannot be bartered or leased and cannot be subjected to succession
• The government can revoke it with due process and it is considered a noble profession.

Good Moral Character

• Honesty determines good moral character.